the human right to water and sanitation in emergency situations

44
Finally, GC 15 calls upon States parties, NGOs and international organizations, including the Red Cross
Movement, to apply the right to water.
6.8. What does General Comment 15 say about emergency situations?
General Comment 15 also focuses on emergency situations and identifies a number of factors that define
which populations are particularly vulnerable in such situations, as well as the responsibilities of Member
States and other key actors in this respect. These elements are of particular importance for humanitarian
aid agencies and are described in Table 5.
Table 5 - GC 15 and emergency situations
Duties and obligations of
actors during emergencies
Protection of vulnerable
groups affected in emergency
situations (States)
GC 15 pays special attention
to vulnerable groups, such
as women, children, refugees,
asylum seekers, IDPs
and returnees.
obligation to respect
(States)
In direct reference to IHL,
GC 15 states that it is prohibited
to attack, destroy or
limit the access to water as
a punitive measure.
GC 15
Para.16 - “States parties should give special attention to those individuals
and groups who have traditionally faced difficulties in exercising this right
(…). In particular, (…) (f) Refugees, asylum-seekers, internally displaced
persons and returnees have access to adequate water whether they
stay in camps or in urban and rural areas. Refugees and asylum-seekers
should be granted the right to water on the same conditions as granted
to nationals; (g) Prisoners and detainees are provided with sufficient
and safe water for their daily individual requirements, taking note of the
requirements of International Humanitarian Law and the United Nations
Standard Minimum Rules for the Treatment of Prisoners; (h) (…) victims
of natural disasters, persons living in disaster-prone areas (…).
Para. 21 - “The obligation to respect requires that States parties refrain
from interfering directly or indirectly with the enjoyment of the right to
water. The obligation includes, i.e., (…) limiting access to, or destroying,
water services and infrastructure as a punitive measure,
for example, during armed conflicts in violation of International
Humanitarian Law”.
© ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS