the human right to water and sanitation in emergency situations

66
Explicit
recognition
at the
constitutional
level
The right to water may be explicitly recognized as a basic right within a country’s Constitution.
Some States have inscribed the right to water in their Constitutions, acknowledging it
and making it a basic right without waiting for the outcome of debates on this subject and/
or the adoption of United Nations General Comment 15. Ultimately, implementation is the
responsibility and duty of the State that on the one hand needs to encourage the adoption
of adequate legislation defining the ways in which constitutional principles will be applied,
and on the other to promote the development of basic public services.
Table 8 shows by continen (Africa, Asia and Latin America) those developing countries that have included
the right to water and sanitation in their Constitutions, indicating the country, the year of adoption of the
Constitution and the articles referring to this right.
Table 8 - Some examples of the constitutional right to water
Democratic
Republic of
Congo
AFRICA
(Draft Constitution, 2005) Art.48: The right to decent housing and the right of access to
drinking water and to electrical power are guaranteed.
Ethiopia (1998) Art.90 (1): To the extent that national resources allow, policies should aim to provide
all Ethiopians with access … to clean water.
Gambia (1996) Art.216 (4): The State shall attempt to facilitate access to clean and healthy water.
Kenya (Draft Constitution, 2005), Art. 65: Each person shall have the right to have access to
drinking water, of satisfactory quality and in sufficient quantity. Art. 66: Each person shall
have the right to basic sanitary facilities.
South
Africa
(1996), Section 27: (1) (a) Everyone has the right to have access to health care services,
including in health care [Sic. However, the Constitution actually reads “including reproductive
health care.” Translator’s note.]; (b) sufficient food and water. (2) The State must
take reasonable legislative and other measures, within its available resources, to achieve
the progressive realization of each of these rights.
uganda (1995) Art. 14: The State shall make every effort to realise the fundamental rights of all
Ugandans to social justice and economic development and shall notably guarantee that
… all Ugandans enjoy rights and opportunities as well as access to education, health
services, clean and healthy water, decent shelter, adequate clothing, food, security and
pension and retirement benefits.
Zambia (1996) Art. 112: The State shall make every effort to provide clean and healthy water.
© ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS