the human right to water and sanitation in emergency situations

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hand, measures following a natural disaster must in no way discriminate against marginalized groups 115 . Indeed,
to claim that a violation has taken place, proof must be provided that a given action of the State has prevented the
realization of a right and that this situation can be corrected if the said action is abandoned.
In the case of the right to water and sanitation, great care must be taken when assigning responsibility for
violations and using terms such as “transgressor” in view of the legal and political implications of assigning
such responsibility.
Beyond the need to exercise sensitivity and diplomacy, there are other reasons to be wary of what terms
are used when referring to economic and social rights. These reasons include the fact that economic, social
and cultural rights may not necessarily be violated under the terms of international human rights standards,
even if some people do not exercise them fully. For example, a state that condones, or fails to condemn
the use of torture by authorities in just one isolated case can be held accountable under international
standards. In contrast, the right to access to water will not necessarily be breached if an individual has no
such access if the state concerned can demonstrate that it is working towards broadening access.
There is, however, no doubt about the extreme difficulty involved in monitoring and assessing the progressive
realization of economic, social and cultural rights requiring as it does the collection of accurate data,
facts, and indicators to follow up progress towards achieving full realization 116 . Nonetheless, a “violationsbased
approach” 117 developed over the past few years, makes it possible to identify a failure of a State
to fulfil its immediate responsibilities or meet its minimum core obligations. The method suggested in the
following section is an adaptation of the approach consisting in identifying violations as part of a rightsbased
advocacy 118 .
14.2. Identifying violations of the right to water
Research (understood as the collection and analysis of information) is the cornerstone of this approach.
Research enhances the legitimacy and strength of the messages, minimizes associated risks and contributes
to strengthening the impact of advocacy activities 119 . For this reason, this section will attempt to
develop a method that would permit a precise analysis and assessment to be made of violations of the
right to water and sanitation of populations caught up in and affected by humanitarian emergencies.
115/ This kind of problem arose, for example, in the wake of the Indian Ocean tsunami. For an overall picture of the problems
of human rights that occurred in the Nanggroe Aceh Darussalam (Aceh) province following the tsunami, see Amnesty International,
Indonesia. “The Role of Human Rights in the Wake of the Earthquake and Tsunami” (AI: ASA 21/002/2005)
116/ Chapman (A.R.) A Violations-based Approach for Monitoring the International Covenant on Economic, Social and
Cultural Rights In: Human Rights Quarterly, 18(1) 1996, pp 23-66.
117/ Human Rights for Human Dignity: A Primer on Economic, Social and Cultural Rights. Amnesty International, 2005, p. 24
118/ It should be noted that the approach described focuses more specifically on responsive measures. Protection risks is
the terminology many protection-mandated agencies would use in that situation
119/ Saving Lives, Protecting Children: Advocacy in Emergencies. Draft Framework and Guidelines for Discussion and
Consultation. UNICEF, July 2007, p. 13
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