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Part III: States Parties’ obligations
The International Covenant on Economic, Social and Cultural Rights, recognises that States Parties, due to the limits of available resources, may not be able to ensure instant realisation of the rights contained within the Covenant, including the right to water.
The Covenant therefore provides (in Article 2) that all each State Party is obliged to:
‘… take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.’
Part III of the General Comment, which outlines States Parties’ obligations regarding the right to water, acknowledges constraints due to the limits of available resources, but also stresses that:
‘States Parties have a constant and continuing duty under the Covenant to move as expeditiously and effectively as possible towards the full realization of the right to water’.
The General Comment states that some of the obligations imposed upon States Parties should take immediate effect, such as the guarantee that the right will be exercised without discrimination of any kind. It also reminds States Parties that retrogressive measures taken in relation to the right to water are prohibited under the Covenant.
The right to water, like any human right, imposes upon states the obligations to:
- Respect the right to water, by refraining from interfering directly or indirectly with the enjoyment of the right. This obligation includes, for example, refraining from engaging in any practice or activity that denies or limits equal access to adequate water, such as unlawfully polluting water supplies. The Comment also notes here that during armed conflicts, emergency situations and natural disasters, the right to water embraces those obligations by which States Parties are bound under international humanitarian law (click here for details).
- Protect the right to water, by preventing third parties, such as individuals, groups or corporations, from interfering in any way with enjoyment of the right to water. This obligation includes adopting the necessary and effective legislative and other measures to restrain such third parties from denying equal access to adequate water through, for example, the over-pricing of water.
- Fulfil the right to water, by adopting the necessary measures directed towards the full realisation of this right. The Comment divides this obligation into three main areas:
- Facilitation, requiring the state to take positive measures to assist individuals and communities to enjoy the right to water
- Promotion, requiring the state to ensure that there is adequate education on the hygienic use of water, protection of water sources and methods to minimise water wastage
- Provision, requiring the state to fulfil (provide) the right to water when individuals or groups are unable, for reasons beyond their control, to realize that right themselves by the means at their disposal [emphasis added]
International obligations
Part III also outlines the international obligations concerning the right to water. These include:
- ‘Positive’ obligations of States Parties - for example, to ensure that the right is given due attention in international agreements, or the special responsibility of the economically well developed States Parties to provide aid and international assistance to poorer states parties
- ‘Negative’ obligations, such as refraining at all times from imposing embargoes or similar measures that prevent the supply of water, as well as goods and services essential for securing the right to water
The General Comment also stresses the fundamental importance of ensuring access to adequate sanitation and States Parties obligation to progressively extend safe sanitation services, particularly to rural and deprived urban areas, taking into account the needs of women and children.
Core obligations
General Comment No. 3 (1990) of the Committee on Economic, Social and Cultural Rights confirms that States Parties have a core obligation to ensure the satisfaction of, at the very least, ‘minimum essential levels’ of each of the rights enunciated in the Covenant.
General Comment 15 reaffirms this point and identifies a number of core obligations which are of immediate effect in relation to the right to water:
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Core obligations with immediate effect
in relation to the right to water
States Parties are obliged to:
(a) To ensure access to the minimum essential amount of water, that is sufficient and safe for personal and domestic uses to prevent disease
(b) To ensure the right of access to water and water facilities and services on a non-discriminatory basis, especially for disadvantaged or marginalized groups
(c) To ensure physical access to water facilities or services that provide sufficient, safe and regular water; that have a sufficient number of water outlets to avoid prohibitive waiting times; and that are at a reasonable distance from the household
(d) To ensure personal security is not threatened when having to physically access to water
(e) To ensure equitable distribution of all available water facilities and services
(f) To adopt and implement a national water strategy and plan of action addressing the whole population; the strategy and plan of action should be devised, and periodically reviewed, on the basis of a participatory and transparent process; it should include methods, such as right to water indicators and benchmarks, by which progress can be closely monitored; the process by which the strategy and plan of action are devised, as well as their content, shall give particular attention to all disadvantaged or marginalized groups
(g) To monitor the extent of the realization, or the non-realization, of the right to water
(h) To adopt relatively low-cost targeted water programmes to protect vulnerable and marginalized groups
(i) To take measures to prevent, treat and control diseases linked to water, in particular ensuring access to adequate sanitation
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