the human right to water and sanitation in emergency situations

- Part 2 - Definition of the right to water and sanitation in emergency situations
CHApTER 7 - RECOGNITION IN SOME HUMAN RIGHTS INSTRUMENTS
TARGETED AT SpECIfIC GROUpS: fOCUS ON WOMEN AND CHIlDREN
This section illustrates that the right to water and sanitation is explicitly recognized in a number of
international human rights treaties pertaining to women, children and the disabled.
Three international and one regional human rights instruments refer to water and sanitation. These treaties
pertain to specific groups, such as women, children and disabled persons, who are traditionally identified
as vulnerable groups, especially in emergency situations. Humanitarian aid agencies pay particular attention
to these population groups. Similarly, the Sphere Standards state that women and children are one of
the groups most frequently at risk in emergencies. According to UNFPA, the impact of armed conflict or
natural disasters on women and children is devastating. Women and children account for more than 75
per cent of refugees and displaced persons at risk from war, famine, persecution and natural disaster. So,
it is particularly important to bear in mind that the right to water and sanitation is specifically recognized by
means of these international instruments of public law.
Table 6 - Prior recognition of the human right to water and sanitation in human rights
focussing on women and children
Women The first human rights treaty to explicitly mention the right to water and sanitation was the
Convention for the Elimination of all Forms of Discrimination Against Women (1979, CEDAW),
which has currently been ratified by 185 States. CEDAW obliges States parties to eliminate
discrimination against women, particularly in rural areas to ensure that women “enjoy adequate
living conditions, particularly in relation to housing, sanitation, electricity and water
supply (…)”. The explicit recognition of the right to water and sanitation may be viewed as
a testament to the burden traditionally placed on women of collecting water (mainly in developing
countries), especially in emergencies. This treaty gives the first legal basis of the right
to water and sanitation.
Children Two human rights instruments, both international and regional, and both referring to the rights
of the child make clear reference to the right to water and sanitation. At the international level,
the Convention on the Rights of Child (1989, CRC) refers to the right to water and sanitation
of children in recognizing their right to enjoy the highest attainable standard of health. Article
24 (2) entitles States parties to take appropriate measures to “combat disease and malnutrition
(…) through the provision of adequate nutritious foods and clean drinking water (…)”.
The focus is on children’s health and the quality of water necessary to attain this highest attainable
standard of health. It should be noted that this Convention is the mostly widely ratified
international human rights treaty 54 . Moreover, the CRC recognizes the right of all children to
an adequate standard of living. The UN expert body monitoring the CRC has clarified that
this entitlement includes access to clean drinking water and latrines 55 . At the regional level,
the African Charter on the Rights and Welfare of the Child (AfCRC, 1990) contains explicit
references to water and sanitation (See Annex 3).
54/ Only Somalia and the United States have not ratified this Covenant
55/ Sanitation: A Human Rights Imperative. COHRE, SDC, UN-Habitat, WaterAid. May 2008
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