Implementing the Right to Water through national legislation and policy

The right to water has been included in national legislation and used as a guide for developing national policies. Policies and legislation which have been developed from a recognition of the right to water have focused on extending coverage to members of disadvantaged groups and creating water services which are affordable for all.

In South Africa the Government aims to provide every household with 6,000 litres of free water per month by 2008. The allocation of 6,000 litres of water is based on the assumption that each household has a maximum of eight members. The allocation would provide 25 litres of free water per person per day. This falls within the World Health Organisations recommendation on the amount of water needed for personal and domestic requirements, which stands at a bare minimum of 20 litres per person per day. Unfortunately, some households have more than eight residents and the adequacy of this allocation is currently being questioned.

The adoption of a 'water resolution' in 2005 by the Belgian Federal Government stipulated that access to water was a fundamental human right and should be added to the national constitution. Decisions on how the right to water should be integrated into national policy have been taken at a local level, leading to a variety of different approaches. In Flanders, 15 cubic metres (15,000 litres) of water is provided free to each person per annum. In Wallonia and Brussels, the local authorities have taken the alternative route of introducing a combination of progressive tariffs and Social Funds in order to ensure that water was affordable for all.

In 2004, Uruguay amended its constitution, by a democratic vote, in order to recognise the right to water. The constitutional amendment promotes ecologically sustainable management systems, facilitates citizen's participation in policymaking, guarantees that water services are publicly owned and gives priority to water used for domestic purposes.

The diverse policies by which the right to water is being implemented indicate that there are different ways in which states can implement their international obligations to protect, respect and fulfil the right to water through their national law and policy.