the human right to water and sanitation in emergency situations

- Part 2 - Definition of the right to water and sanitation in emergency situations
Table 4 - Core obligations of States Parties
AT THE nATIonAL LEVEL
a) Adopt and implement a national water strategy and plan of action addressing the whole population;
the strategy and plan of action should be devised, and periodically reviewed, on the basis of a participatory
and transparent process; it should include methods, such as right to water indicators and
benchmarks by which progress can be closely monitored;
b) Monitor the extent of the realization, or the non-realization, of the right to water;
c) Adopt relatively low-cost targeted water programmes to protect vulnerable and marginalized
groups.
AT THE CoMMunITY LEVEL
d) Ensure the right of access to water and water facilities and services on a non-discriminatory basis,
especially for disadvantaged or marginalized groups;
e) Ensure physical access to water facilities or services that provide sufficient, safe and regular water;
that have a sufficient number of water outlets to avoid prohibitive waiting times; and that are at a reasonable
distance from the household;
f) Ensure equitable distribution of all available water facilities and services.
AT THE InDIVIDuAL LEVEL
g) Ensure access to the minimum essential amount of water that is sufficient and safe for personal and
domestic uses to prevent disease;
h) Ensure personal security is not threatened when having to physically access to water;
i) Take measures to prevent, treat and control diseases linked to water, in particular ensuring access to
adequate sanitation.
Source: M. Woodhouse. Realizing the Right to Water, In: Waterlines, Vol. 23, n°1, July 2004, pp. 22-23
6.6. Failure to meet obligations
States parties who breach any of the above-mentioned nine core obligations will be in violation of the law 51 .
Nevertheless, it is important to distinguish between the inability of a States party to comply with its obligations
governing the right to water (violation by omission) and unwillingness (violation by commission) 52 . A violation
only occurs either when a state has omitted to act to overcome deprivation or, alternatively, when it has actively
impeded, or allowed others to impede, the realization of a right. There can be violations of duties to respect,
protect or fulfil rights. However, where denial of economic, social and cultural rights is the result of inability
(where there are genuine resource constraints, or circumstances beyond the control or outside the knowledge
51/ GC 15, paragraph 40
52/ GC 15, paragraphs 41, 42 and 43
© ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS
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