the human right to water and sanitation in emergency situations

42
of the state), a State cannot be said to have violated its international obligations. Violations of obligations are
the result of unwillingness, negligence or discrimination. In this respect, Paragraph 44 of General Comment
15 specifies a number of situations in which the right to water may be deemed to have been violated. (See
Box 9).
There are no possible derogations to these core obligations and States must:
- Understand that armed conflict is no pretext. Whilst the realization of economic, social and cultural
rights may present a greater challenge during armed conflict, the ICESR makes no provision for derogation
from obligations.
- Remember that insufficient resources are no excuse to justify violation of economic, social and cultural
rights. If a State is relying on the pretext of insufficient resources to excuse its failure to meet minimum core
obligations then it has to demonstrate that every effort has been made to use all resources at its disposal.
States are also required to seek international cooperation and assistance if they are unable to meet their
obligations, or if their own resources are insufficient to allow them to do so. This implies some corresponding
obligation on other states that are in a position to provide international cooperation and assistance
to states seeking it.
BoX 9 - Violations of the right to water 53
While it is not possible to draw up a complete list of violations in advance, some typical examples
relating to the levels of obligations, emanating from the Committee’s work, can be identified:
(a) Violations of the obligation to respect follow from a State party’s interference with the right to
water. This includes, inter alia: (i) arbitrary or unjustified disconnection or exclusion from water services
or facilities; (ii) discriminatory or unaffordable increases in the price of water; and (iii) pollution
and diminution of water resources affecting human health;
(b) Violations of the obligation to protect follow from the failure of a State to take all necessary
measures to safeguard persons within their jurisdiction from infringements of the right to water by
third parties. This includes, inter alia: (i) failure to enact or enforce laws to prevent the contamination
and inequitable extraction of water; (ii) failure to effectively regulate and control water services
providers; (iii) failure to protect water distribution systems (e.g., piped networks and wells) from
interference, damage and destruction; and
(c) Violations of the obligation to fulfil occur through the failure of States parties to take all necessary
steps to ensure the realization of the right to water. Examples include, inter alia: (i) failure
to adopt or implement a national water policy designed to ensure the right to water for all; (ii)
insufficient expenditure or misallocation of public resources which results in the non-enjoyment
of the right to water by individuals or groups, particularly the vulnerable or marginalized; (iii) failure
to monitor the realization of the right to water at the national level, for example by identifying
right-to-water indicators and benchmarks; (iv) failure to take measures to reduce the inequitable
distribution of water facilities and services; (v) failure to adopt mechanisms for emergency relief;
(vi) failure to ensure that the minimum essential level of the right is enjoyed by everyone (vii) failure
of a State to take into account its international legal obligations regarding the right to water when
entering into agreements with other States or with international organizations.
53 / GC 15, paragraph 44
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