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Water as a Human Right
What are human rights?
The term “human rights” refers to those rights and freedoms essential for human survival, liberty and dignity that have been recognised by the global community and protected by international legal instruments. Human rights are universal. They are the birth-right of every child, woman and man.
Human rights are not limited to freedom from torture and freedom of speech, but include all those rights essential for human survival, physical security, liberty and development in dignity. They include the right to a standard of living adequate for health and wellbeing, the right to education, and the right to the highest attainable standard of physical and mental health.
Legal Protection of Human Rights
The global consensus on human rights has its roots in the philosophies, religions and cultures throughout the world. Beginning with the Universal Declaration of Human Rights of 1948, the world community has adopted a series of global and regional human rights instruments. Six UN instruments are regarded as the core human rights treaties.
The Six Core Human Rights Treaties
- International Covenant on Civil and Political Rights, adopted in 1966
- International Covenant on Economic, Social and Cultural Rights, adopted in 1966
- International Convention on the Elimination of All Forms of Racial Discrimination, adopted in 1965
- Convention on the Elimination of All Forms of Discrimination Against Women, adopted in 1979
- Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted in 1984
- Convention on the Rights of the Child, adopted in 1989
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These treaties have been drafted and voluntarily adopted by states throughout the world and together encapsulate a set of universal standards binding on states that are party to the treaty (known as “State Parties”). One treaty - the Convention on the Rights of the Child - has been signed by every state except two, Somalia and the United States of America.
International human rights treaties impose obligations on States Parties to ensure realisation of human rights by all people under their respective jurisdictions. States are bound by their international obligations to respect, protect, promote and ensure the immediate or, in the case of some rights, the progressive achievement of the full realisation of human rights by all people. In practice, this requires states to:-
- Incorporate into national law the rights enshrined in international human rights instruments
- Introduce policies in line with international human rights law and ensure respect for human rights in all policies and actions
- Take all appropriate steps to ensure enjoyment of human rights by all people without discrimination; this includes providing support for those unable to meet their own needs.
National and international civil society movements have used human rights treaties to:
- Lobby states to sign and ratify these instruments
- Lobby for national legislation consistent with international state obligations
- Highlight state practices that are inconsistent with their international obligations, especially in regard to denial and abuse of human rights, in order to bring international and national public opinion to bear upon offending States Parties
- Analyse existing policies and/or develop alternative ones
- Empower communities to seek enjoyment of their human rights
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