Obligations and violations to the right to water

Obligation Violation
Respect Refrain from interfering directly or indirectly with the enjoyment of the right. The comment also reaffirms provisions within humanitarian law, that state water facilities must not be attacked during armed conflict. Arbitrary or unjustified disconnections.Discriminatory or unaffordable increases in water tariffs.
Protect The State must prevent third parties, such as individuals, groups or corporations, from interfering in any way with the enjoyment of this right.The State is thus obligated to adopt all necessary legislation to ensure the protection of the individuals’ enjoyment of  this right Failures of the State to take all necessary measures to safeguard the enjoyment of the right to water from a third party.Lack of laws and regulations to prevent water pollution.Failure to regulate and control water service providers from denying equal access to adequate water.

Failure to restrain inequitable extraction of water resources, that may effect the individuals’ enjoyment of the right to water

Fulfil In the fulfilment of the right to water, the comment recognises that States may lack capacity and resources to provide all individuals’ access to water. However the State is obligated to take deliberate, concrete and targeted steps towards the progressive realisation of this right. The State must act without discrimination using the maximum of available resources.The comment divides the obligation to fulfil into three main areas:Facilitation: the State must take positive measures to assist individuals and communities to enjoy the right to water

Promotion: the State is required to ensure that there is adequate education on the hygienic use of water,  protection of water sources and methods to minimise water wastage

Provision: the State is required to fulfil the right to water when individuals or groups are unable, for reasons beyond their control, to realise the right themselves by the means at their disposal.

Insufficient expenditure or misallocation of public resources resulting in the non- enjoyment of the right to water.In defining violations the Comment distinguishes between unwillingness and inability.

A state is violating the right to water if they are unwilling to use the maximum of its available resources for the realisation of the right to water.

A State that is unable, due to resource constraints, to fulfil the right to water, must justify that every effort has been made to use all available resources to realise human rights obligations as a priority.