A/62/214
well as by governmental and non-governmental bodies and in various court
decisions. 30
64. While the International Covenant on Economic, Social and Cultural Rights
makes no explicit reference to the right to water and sanitation, the Committee on
Economic, Social and Cultural Rights takes the view that water is an independent
right implicit in the Covenant and closely related to the rights to the highest
attainable standard of health, adequate housing and food.
65. The Committee defines the right to water as the right of everyone to sufficient,
safe, acceptable, physically accessible and affordable water for personal and
domestic use. 31 It specifies that access to adequate sanitation constitutes one of the
principal mechanisms for protecting the quality of drinking water and that States
should progressively extend safe sanitation services to rural and deprived urban
areas. 32 In its elaboration of the normative content of the right to water and the legal
obligations that arise from it, the Committee notes that, during armed conflicts,
emergency situations and natural disasters, the obligations of States encompass the
right to water, as well as those provisions of international humanitarian law relating
to water. 33
66. For its part, in its resolution 2006/10, the Subcommission on the Promotion
and Protection of Human Rights confirms the right to sufficient supplies of water to
meet essential needs, as well as access to acceptable sanitation facilities that take
account of the requirements of hygiene, human dignity, public health and
environmental protection (see A/HRC/2/2, chap. II).
67. At the regional level, the right to a sufficient quantity of water to meet basic
needs is recognized by the Council of Europe in paragraphs 5 and 9 of its
recommendation 14 on the European Charter on Water Resources (2001). Similarly,
at their recent summit, the Heads of State or Government of the Non-Aligned
Movement acknowledged the right to water for all in their final document.
68. At the national level, the constitutions of certain countries (for example, South
Africa and Uruguay) incorporate an explicit right to water. Moreover, a number of
judicial decisions rely upon this human right. For instance, in the case of Residents
of Bon Vista Mansions v. Southern Metropolitan Local Council, the South African
High Court found that disconnecting a water supply represented a prima facie
breach of the State’s constitutional duty to respect the right to water. Similarly, in
Subhash Kumar v. State of Bihar, the Indian Supreme Court held that the right to life
was a fundamental right under Article 21 of the Constitution, and it included the
right of enjoyment of pollution-free water and air for full enjoyment of life.
69. The Human Development Report 2006 underscores the importance of adopting
a rights-based approach to the provision of safe water and adequate sanitation, and
emphasizes that access to water is a basic human need as well as a fundamental
human right. According to the report, the right to water corresponds to a secure,
__________________
30
31
32
33
14
See WHO, OHCHR, the Centre on Housing Rights and Evictions, Water Aid and the Center for
Economic and Social Rights, The Right to Water (2003) (www.who.int/water_sanitation_health/
rtwrev.pdf).
E/2003/22-E/C.12/2002/13, annex IV, general comment 15, para. 2.
Ibid., para. 29.
Ibid., para. 22.
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