the human right to water and sanitation in emergency situations

- Part 2 - Definition of the right to water and sanitation in emergency situations
CHApTER 11 - THE RIGHT TO WATER AND SANITATION IN NATIONAl
lEGISlATION
This section explains that the right to water and sanitation can be included in national legislation and
offers some examples.
National legislation forms the primary legal basis for the right to water and sanitation. However, all States
have a responsibility to ensure that their national laws and policies respect and reflect their obligations under
international law, including those contained both in human rights law and International Humanitarian Law.
The right to water and sanitation can be expressed in three different ways in national legislation: it can be
derived from another basic right recognized within that nation’s Constitution, it can stem from an ordinary
law, or it can be explicitly recognized in the Constitution as a right per se (See Tables 7 and 8).
Table 7 - The right to water in national legislation
Deriving
from another
basic right
recognized in
the national
Constitution
Stemming
from specific
ordinary
legislation
on access to
water
The right to Water may have its roots in another basic right recognized in a Nation’s Constitution.
Whereas these laws never explicitly address the right to water, they nonetheless
relate to issues and rights closely linked to that right.
- In India, the right to water originates from the right to life. Article 21 of the Constitution
(1997) stipulates that “the right of access to drinking water is fundamental to life and it is a
responsibility of the State, by virtue of Article 21, to supply drinking water to its citizens.”
- In Niger, the right to water originates from the right to a healthy environment. Article 27
of the country’s Constitution stipulates that: “each person has the right to a healthy environment.
The State shall be responsible for protecting the environment. Each person shall
be required to contribute to the safeguard and improvement of the environment in which
he or she lives.”
The right to water may also be a consequence of one or more laws that refer to the access
to water as a basic right and can take a number of forms.
- In Algeria, the Water Code (2005) recognizes “the right to access to water and to sanitation
to satisfy basic needs.”
- In Mauritania, the Water Code (Article 2) recognizes that “water is part of the Nation’s
heritage. Water usage constitutes a universally recognized right, in the context of existing
laws and regulations.”
- In Cameroon, Law No. 98/005 of 14 April 1998 establishing a water scheme states that
“water is a common good and part of the national heritage; the State shall ensure its protection
and management and shall facilitate access to it by all persons.”
Other laws make access to drinking water for domestic and personal use a priority. Thus,
whilst the nature of water as a basic element is not explicitly recognized, water usage is
made subject to a hierarchy, giving priority to domestic and personal use.
© ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS
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