the human right to water and sanitation in emergency situations

- Part 2 - Definition of the right to water and sanitation in emergency situations
LATIn AMERICA
Colombia (1991) The State shall intervene specially to ensure that each person, particularly the
most underprivileged, has effective access to basic goods and services. Article 366: the
fundamental goal of its activity shall be to find solutions to essential unsatisfied needs in
terms of … sanitation, the environment and drinking water.
Ecuador (1998) Art. 23: Without prejudice to rights established in this constitution and in applicable
international law, the State shall recognize and guarantee to individuals the following
rights: … 20. The right to a quality of life that ensures health, food and nutrition, the supply
of drinking water, improvement of the environment; education, work, leisure, housing,
clothing and other necessary social services.
uruguay (2004) Art. 47: Access to drinking water and sanitation are basic human rights.
ASIA
Philippines (1987), section 11: The State should adopt an integrated and comprehensive approach
to health development and do everything possible to make access to essential goods,
health and other social services available to all at an affordable cost.
The incorporation of the right to water and sanitation into a country’s national legislation should grant
individuals and communities access to legal redress for violations of this right. There have been a number
of cases worldwide in which the right to water has been recognized and enforced through national and
local courts.
In our work it is important to understand national legal frameworks and their relevance to
protecting the right to water and sanitation, especially for people caught up in emergency situations.
In particular, we should:
- Know about national laws and policies that relate to the right to water and issues at the centre
of this basic right;
- Ensure that national laws and policies conform to international standards (such as Sphere, WHO,
etc.) and rules (international treaties, etc.) by providing technical assistance and advice;
- Understand the extent to which these policies are consistent with the State’s obligations under
international law (especially IHL and HRL);
- Understand the extent to which these policies are consistent with international minimum standards
(Sphere and WHO mainly);
- Raise awareness of populations to national laws and policies related to the protection, realization
and fulfilment of their human right to water, and empowering them to advocate for and claim their
right;
- Advocate for and monitor the implementation of national laws and policies of particular relevance
to the right to water;
- Coordinate with other humanitarian agencies;
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