E/C.12/2002/11
Page 4
No.12 (1999)).7 Attention should be given to ensuring that disadvantaged and
marginalized farmers, including women farmers, have equitable access to water and
water management systems, including sustainable rain harvesting and irrigation
technology. Taking note of the duty in article 1, paragraph 2, of the Covenant, which
provides that a people may not “be deprived of its means of subsistence”, States
parties should ensure that there is adequate access to water for subsistence farming
and for securing the livelihoods of indigenous peoples.8
8.
Environmental hygiene, as an aspect of the right to health under article 12,
paragraph 2 (b), of the Covenant, encompasses taking steps on a non-discriminatory
basis to prevent threats to health from unsafe and toxic water conditions.9 For
example, States parties should ensure that natural water resources are protected from
contamination by harmful substances and pathogenic microbes. Likewise, States
parties should monitor and combat situations where aquatic eco-systems serve as a
habitat for vectors of diseases wherever they pose a risk to human living
environments.10
9.
With a view to assisting States parties' implementation of the Covenant and
the fulfilment of their reporting obligations, this General Comment focuses in Part II
on the normative content of the right to water in articles 11, paragraph 1, and 12, on
States parties' obligations (Part III), on violations (Part IV) and on implementation at
the national level (Part V), while the obligations of actors other than States parties are
addressed in Part VI.
II. NORMATIVE CONTENT OF THE RIGHT TO WATER
10.
The right to water contains both freedoms and entitlements. The freedoms
include the right to maintain access to existing water supplies necessary for the right
to water, and the right to be free from interference, such as the right to be free from
arbitrary disconnections or contamination of water supplies. By contrast, the
entitlements include the right to a system of water supply and management that
provides equality of opportunity for people to enjoy the right to water.
7
This relates to both availability and to accessibility of the right to adequate food (see
General Comment No. 12 (1999), paras. 12 and 13).
8
See also the Statement of Understanding accompanying the United Nations Convention on
the Law of Non-Navigational Uses of Watercourses (A/51/869 of 11 April 1997),
which declared that, in determining vital human needs in the event of conflicts over
the use of watercourses “special attention is to be paid to providing sufficient water to
sustain human life, including both drinking water and water required for production of
food in order to prevent starvation”..
9
See also para. 15, General Comment No. 14.
10
According to the WHO definition, vector-borne diseases include diseases transmitted by
insects (malaria, filariasis, dengue, Japanese encephalitis and yellow fever), diseases
for which aquatic snails serve as intermediate hosts (schistosomiasis) and zoonoses
with vertebrates as reservoir hosts.