scholarly journals Le Droit À L’eau: Un Droit Fondamental Des Autres Droits De L’homme

2017 ◽  
Vol 13 (14) ◽  
pp. 96
Author(s):  
Ziad Tak
Keyword(s):  
Human Rights ◽  
Drinking Water ◽  
Health Services ◽  
National Level ◽  
Fundamental Rights ◽  
Water And Sanitation ◽  
Sanitation Services ◽  
Legal Texts ◽  
Access To Water ◽  
The Right

The right to water is a right for all and must be implemented in a nondiscriminatory manner in accordance with the conditions and limits laid down by some particular laws and regulations. In order to make the right to drinking water and sanitation a reality, water and sanitation services must be made affordable to the population as a whole. Property and access to other human rights such as the right to housing, food or health services should also be made available to the population. Internationally, several countries have recognized the right to drinking water and sanitation, but have not actually implemented it at the national level. The objective of this study is to show the importance of the implementation of the right to drinking water, so that it can be made available to all. Since the most widely traded studies on human rights were dominated by political and judicial character, I tried in this study to broaden the meaning of human rights and to provide more Rights. This is despite the fact that it has not been compensated by specific legal texts. As a result, the problem of the study is focused on water as a fundamental need of human, and access to water is part of its fundamental rights.

scholarly journals 2030 Agenda for Drinking Water, Sanitation and Hygiene in Latin America and the Caribbean: A Look from the Human Rights Perspective

2020 ◽  
Keyword(s):  
Human Rights ◽  
Drinking Water ◽  
Latin America ◽  
Latin American ◽  
Water And Sanitation ◽  
Sanitation Services ◽  
2030 Agenda ◽  
Sanitation And Hygiene ◽  
Access To Water ◽  
The Caribbean

This document was inspired by the need to promote comprehensive actions in the management of water and sanitation services with a human rights focus within the Sustainable Development Goals (SDG) related to drinking water, sanitation and hygiene (WASH) in the countries of Latin America and the Caribbean; in addition, it ratifies the results reported in a PAHO study (2016) on the profound inequalities between urban and rural areas in access to water and sewage services, and the correlation with characteristics such as gender, age, income, education, among others. This report assumed this challenge using a methodology based on the Human Rights to Safe Drinking Water and Sanitation (HRWS) analytical framework. This report seeks to provide the most up-to-date overview of the SDG targets 6.1 and 6.2 situation in Latin America and the Caribbean. Besides outlining the general situation of countries, it presents some elements regarding human rights and the targets 6.1 and 6.2 that have been neglected in the initial monitoring of the 2030 Agenda, above all, the dimensions of inequality and affordability. This report presents four case studies, one per sub-regional block, with a more detailed characterization of the national and subnational situations of Colombia, Brazil, Mexico, and the Dominican Republic. The results of this study show that a significant proportion of the Latin American and Caribbean population still lacks adequate access to water and sanitation services. Only 65% of the population has access to safely managed water services, a percentage lower than that reported worldwide, which is 71%. With regard to safely managed sanitation services, the situation is even more critical, with an access level of 39% worldwide being reported, compared to 22% in our Region.

Ensuring Reproductive Rights of Women in Nepal: Law and Praxis

2020 ◽  
Vol 4 (1) ◽  
pp. 41-62
Author(s):  
D. N. Parajuli
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Health Services ◽  
Reproductive Rights ◽  
School Curriculum ◽  
Fundamental Rights ◽  
Reproductive Health Services ◽  
Women And Girls ◽  
The Right ◽  
Health Rights

 Reproductive rights are fundamental rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world, but have a commonality about the protection, preservation and promotion of a woman‘s reproductive health rights. Reproductive rights include the right to autonomy and self-determination , the right of everyone to make free and informed decisions and have full control over their body, sexuality, health, relationships, and if, when and with whom to partner, marry and have children , without any form of discrimination, stigma, coercion or violence. The access and availability of reproductive health services are limited due to geography and other issues, non-availability and refusal of reproductive health services may lead to serious consequences. The State need to ensure accessibility, availability, safe and quality reproductive health services and address the lifecycle needs of women and girls and provide access of every young women and girls to comprehensive sexuality education based on their evolving capacity as their human rights, through its inclusion and proper implementation in school curriculum, community-based awareness program and youth led mass media. It is necessary for strengthening compliance, in a time-bound manner, with international human rights standards that Nepal has ratified that protect, promote, and fulfill the basic human rights and reproductive health rights in Nepal and also need to review standards and conventions that Nepal has had reservations about or those that have been poorly implemented in the country.

Water for Life

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Citizen Participation ◽  
Urban Areas ◽  
Water Policy ◽  
State Capacity ◽  
National Level ◽  
Human Right ◽  
Political Will ◽  
Water And Sanitation ◽  
The Right

Chapter 5 provides a case study of the human rights-based approach to water policy through an analysis of the Bolivian government’s attempts to implement the human right to water and sanitation. It explores these efforts at the local and national level, through changes to investments, institutions, and policies. The analysis reveals that while Bolivia meets the minimum standard for the human right to water and sanitation in some urban areas, access to quality water is low in poor and marginalized communities. While the Bolivian government expresses a strong political will for a human rights approach and is increasing state capacity to fulfill rights, the broader criteria for the right to water and sanitation, including citizen participation and democratic decision-making, remain largely unfulfilled. This case suggests political will and state capacity might be necessary but are not sufficient to fulfill the human right to water and sanitation broadly defined.

scholarly journals Sustainable access to safe drinking water: fundamental human right in the international and national scene

2017 ◽  
Vol 12 (6) ◽  
pp. 985 ◽  
Author(s):  
Celso Maran de Oliveira
Keyword(s):  
Human Rights ◽  
Drinking Water ◽  
Potable Water ◽  
Human Person ◽  
Fundamental Rights ◽  
Economic Resources ◽  
Human Right ◽  
Human Rights Treaties ◽  
Access To Water ◽  
The Government

Access to potable water is absolutely essential to the maintenance of life, as well as to provide regular exercise of other human rights. The lack of access to water in sufficient quantity or access to non-potable water may cause serious and irreparable damage to people. This paper investigates the evolution of international and national recognition of this fundamental human right, whether implicit or explicit. This was accomplished by the study of international human rights treaties, bibliographic information on water resources and their corresponding legal systems, national and international. The results suggest that sustainable access to drinking water is a fundamental human right in the context of international relations and the State. Further, even without explicitly stating this right in the Constitution of 1988, Brazil has incorporated the main international provisions on the subject, but this right must be acknowledged according to the principles of non-typical fundamental rights and the dignity of the human person. This right should be universally guaranteed by the Government in sufficient quantity and quality, regardless of the economic resources of individuals.

scholarly journals New Approaches to Monitor Inequalities in Access to Water and Sanitation: The SDGs in Latin America and the Caribbean

Water ◽  
2020 ◽  
Vol 12 (4) ◽  
pp. 931 ◽  
Author(s):  
Vitor Carvalho Queiroz ◽  
Rodrigo Coelho de Carvalho ◽  
Léo Heller
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Regional Heterogeneity ◽  
Water And Sanitation ◽  
Sanitation Services ◽  
2030 Agenda ◽  
Access To Water ◽  
Assessment And Monitoring ◽  
The Caribbean ◽  
Normative Content

In the 2030 Agenda for Sustainable Development, Targets 6.1 and 6.2 show, in their formulation, some alignment with the normative content of the human rights to water and sanitation (HRWS). However, the principle of equality and non-discrimination, which applies to all human rights, was not clearly incorporated into the indicators adopted to assess and monitor these targets. This paper contributes to bridging this gap by proposing two methodological strategies to address inequalities in analyses of access to water and sanitation services. The first consists in adjusting the indicators of access to these services according to inequality. The second proposes an assessment of intersecting forms of inequality. An application of these methods in Latin America and the Caribbean highlights significant regional heterogeneity and elevated inequality in access to services in the countries of this region. The methods demonstrate their potential in contributing to assessment and monitoring of the SDGs, but outdated or lacking data are obstacles to more in-depth analyses.

scholarly journals TRENDS IN ACCESS TO WATER AND SANITATION IN MALAWI: PROGRESS AND INEQUALITIES (1992-2017)

2020 ◽  
Author(s):  
Alexandra Cassivi ◽  
Elizabeth Tilley ◽  
E.O.D. Waygood ◽  
Caetano Dorea
Keyword(s):  
Drinking Water ◽  
Rural Areas ◽  
Developed Countries ◽  
Least Developed Countries ◽  
Water And Sanitation ◽  
Sanitation Services ◽  
Agenda 2030 ◽  
Emerging Trends ◽  
Access To Water ◽  
Urban And Rural Areas

AbstractBillions of people globally gained access to improved drinking water sources and sanitation in the last decades, following effort towards the Millennium Development Goals. Global progress remains a general indicator as it is unclear if access is equitable across groups of the population. Agenda 2030 calling for “leaving no one behind”, there is a need to focus on the variations of access in different groups of the population, especially in the context of least developed countries including Malawi. We analyzed data from Demographic Health Survey (DHS) and Multiple Indicator Cluster Survey (MICS) to describe emerging trends on progress and inequalities in water supply and sanitation services over a 25-year period (1992 - 2017) and to identify the most vulnerable population in Malawi. Data were disaggregated with geographic and socio-economic characteristics including regions, urban and rural areas, wealth and education level. Analysis of available data revealed progress in access to water and sanitation among all groups of the population. The largest progress is generally observed in the groups that were further behind at the baseline year, which likely reflects good targeting in interventions/improvements to reduce the gap in the population. Overall, results demonstrated that some segments of the population - foremost poorest Southern rural populations - still have limited access to water and are forced to practise open defecation. Finally, we suggest to include standardized indicators that address safely managed drinking water and sanitation services in future surveys and studies to increase accuracy of national estimates.

scholarly journals Who is Entitled to the Right to Respect for Family Life Under the European Union Law?

Teisė ◽  
2019 ◽  
Vol 110 ◽  
pp. 24-45
Author(s):  
Ingrida Danėlienė
Keyword(s):  
European Union ◽  
Human Rights ◽  
Family Life ◽  
National Level ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
European Union Law ◽  
The Republic ◽  
The Right

[full article, abstract in English; abstract in Lithuanian] The article investigates the right to respect for family life, established by Article 7 of the Charter of Fundamental Rights of the European Union, as applied and interpreted in conjunction with the right to marry and the right to found a family, laid down in Article 9 of the Charter. The standard of protection set by European Union law regarding these rights is identified by taking into account the standard of protection of the relevant rights established by the European Convention on Human Rights and the established case law of the European Court of Human Rights. Topical issues relating to the consolidation of these individual rights at the national level in the Republic of Lithuania are also addressed in the article. In doing so, an emphasis is laid on the content of the concepts of “family” and “family life” under supranational and national law.

scholarly journals On the Changing Structure of International Investment Law: The Human Right to Water and ICSID Arbitration

2010 ◽  
Vol 12 (3) ◽  
pp. 335-359 ◽  
Author(s):  
Fabrizio Marrella
Keyword(s):  
Human Rights ◽  
Drinking Water ◽  
International Investment ◽  
Human Right ◽  
Water And Sanitation ◽  
International Investment Law ◽  
Business And Human Rights ◽  
The People ◽  
Independent Expert ◽  
The Right

AbstractWater is the world’s third largest industry after oil and energy power. Although clean drinking water and sanitation are necessary for the health and development of individuals and communities, even today, billions of people lack access to either. In response to these concerns, the international community has set a Millennium Development Goal (MDG) of providing, by 2015, clean water and improved sanitation to at least half of the people worldwide who now lack these services. Water is treated both as a public good and an economic good. In the last decade, we have witnessed the commoditisation through privatization and liberalisation of an essential good for each individual’s life. Transnational corporations may encounter water issues in at least three different contexts: a) as enablers of access to water; b) as providers or distributors of water and c) as a user or consumer of water. Many initiatives have been developed within the United Nations such as the Global Compact and the appointment of both an independent expert on human rights obligations related to access to safe drinking water and sanitation and a Special Representative of the Secretary General on business and human rights. Both of them are mainstreaming human rights in the business sector reconciling different forms of regulations. The right to water has come into discussion in a number of ICSID arbitrations and other cases are still pending. The purpose of this article is to discuss the advancement of the thinking in this field so that it could be applied in arbitration practice.

scholarly journals HAK KONSTITUSIONAL ATAS AIR PASCA DIHAPUSNYA UNDANG UNDANG NOMOR 7 TAHUN 2004 TENTANG SUMBER DAYA AIR OLEH MAHKAMAH KONSTITUSI

2021 ◽  
Vol 3 (2) ◽  
pp. 136-143
Author(s):  
Nova Yarsina
Keyword(s):  
Human Rights ◽  
Drinking Water ◽  
Water Resources ◽  
Local Governments ◽  
The State ◽  
Constitutional Court ◽  
Clean Water ◽  
Water Services ◽  
Access To Water ◽  
The Right

The purpose of this study is to examine human rights over water after the abolition of Law Number 7 of 2004 concerning Water Resources by the Constitutional Court. The research method used is normative juridical. Later there was an opinion that if the state was unable to guarantee the fulfillment of human rights over water, then the water supply was carried out by a third party. The state must regulate the appropriateness of control over water sources, affordability of prices, guarantees for water health. For the realization of these things, a system of regulation must be made. An independent regulatory body can also be formed, public participation, and sanctions against violations. In essence, every regulation issued by the local government related to water use actually makes water as "Economic goods". Commercialization and privatization of water services is not an illegal thing as long as it can improve clean water services so that public access to water also increases. Local governments should be able to understand that commercialization of water resources by setting drinking water tariffs that exceed the capacity and reasonableness of the community actually results in reduced community access to water resources, especially clean water and drinking water. The poor and marginalized are the most vulnerable groups to the failure to fulfill the right to water by the State. To see the extent to which the fulfillment of the right to water by the state apart from the perspective of the executive authority, it is necessary to look at court decisions that can reflect the fulfillment of the right to water especially after the abolition of Law Number 7 of 2004 concerning Water Resources by the Constitutional Court and return to Law Number 11 of 1974 concerning Irrigation.

scholarly journals Trends in access to water and sanitation in Malawi: progress and inequalities (1992–2017)

2020 ◽  
Vol 18 (5) ◽  
pp. 785-797 ◽  
Author(s):  
Alexandra Cassivi ◽  
Elizabeth Tilley ◽  
E. O. D. Waygood ◽  
Caetano Dorea
Keyword(s):  
Drinking Water ◽  
Rural Areas ◽  
Water And Sanitation ◽  
Middle Income ◽  
Sanitation Services ◽  
Agenda 2030 ◽  
Emerging Trends ◽  
Multiple Indicator Cluster Survey ◽  
Access To Water ◽  
Urban And Rural Areas

Abstract Billions of people globally gained access to improved drinking water sources and sanitation in the last decades, following effort towards achieving the Millennium Development Goals. Global progress remains a general indicator as it is unclear if access is equitable across groups of the population. Agenda 2030 calling for `leaving no one behind', there is a need to focus on the variations of access in different groups of the population, especially in the context of low- and middle-income countries including Malawi. We analyzed data from Demographic Health Survey (DHS) and Multiple Indicator Cluster Survey (MICS) to describe emerging trends on progress and inequalities in water supply and sanitation services over a 25-year period (1992–2017), as well as to identify the most vulnerable populations in Malawi. Data were disaggregated with geographic and socio-economic characteristics including regions, urban and rural areas, wealth and education level. Analysis of available data revealed progress in access to water and sanitation among all groups of the population. The largest progress was generally observed in the groups that were further behind at the baseline year, which likely reflects good targeting in interventions/improvements to reduce the gap in the population. Overall, results demonstrated that some segments of the population – foremost poorest Southern rural populations – still have limited access to water and are forced to practise open defecation. Finally, we suggest including standardized indicators that address safely managed drinking water and sanitation services in future surveys and studies to increase the accuracy of national estimates.

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