Freshwater Access from a Human Rights Perspective: A Challenge to International Water and Human Rights Law
Insufficient access to a basic water supply is not an unavoidable consequence of water scarcity. In fact, arid countries possess enough resources to fulfil the basic water needs of their populations and there are people in water rich countries suffering from water stress, too. Thus, insufficient freshwater access mainly can be seen as a problem of allocation and mismanagement. This book comprehensively analyses the appropriateness of a human rights-based approach in safeguarding basic water supplies and determines its legal basis in international law. Arriving at the conclusion that international water law does not adequately consider individual water needs, the study identifies applicable human rights and examines the concrete standard of protection they provide. In view of the deficits of current international water and human rights law, the study discusses concepts deemed to strengthen a human rights-based approach to freshwater access by considering both their formal legal appropriateness as well as their suitability in legal reality.
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according to Article adequate standard adopted aﬀected application approach to freshwater Article 11 ICESCR Article 2(1 Article 27 ICCPR basic human need Chapter 1 note Civil and Political claim conﬂict Covenant on Civil cultural rights customary international law deﬁcits diﬀerent diﬃcult discussion eﬀect environmental equitable utilisation establishment example ﬁnd ﬁrst freshwater access fulﬁl groundwater guarantee human rights holder human rights law human rights protection human rights treaties human rights-based approach implementation individual rights International Covenant international human rights international water law international watercourses interpretation legal pluralism minorities need for water Nevertheless non-discrimination people’s Political Rights positive obligations problem realisation regard relevant Revised Helsinki Rules right to environment right to freshwater right to water scope seqq signiﬁcant social and cultural soft law speciﬁc standard of living state’s suﬃcient threat tion transboundary treaty law utilisation principles water access water management water resources water scarcity water users water utilisation Watercourse Convention