scholarly journals Affordability and Disconnections Challenges in Implementing the Human Right to Water in Portugal

Water ◽  
2020 ◽  
Vol 12 (3) ◽  
pp. 684 ◽  
Author(s):  
Paula Duarte Lopes
Keyword(s):  
United Nations ◽  
Economic Crisis ◽  
Developed Countries ◽  
Legal Framework ◽  
Human Right ◽  
Cultural Rights ◽  
United Nations General ◽  
The United Nations ◽  
High Level ◽  
Physical Accessibility

Although the Human Right to Water and Sanitation (HRtWS) has been recognised by the United Nations and several countries have reformed their constitutions and/or national legislation to reflect this decision, several others, namely developed countries, have not reacted domestically to this recognition. The argument usually lies with the high level of institutionalisation of economic, social and cultural rights in these countries. However, reports of water disconnections due to payment default, especially in times of economic crisis and austerity policies, raise the issue of what does the implementation of the HRtW imply in countries where physical accessibility is almost fully guaranteed. The discussion seems to then focus on issues of affordability. This article focuses solely on the dynamics of implementing the Human Right to Water, because once the physical accessibility to sanitation is guaranteed, even if the service is deemed unaffordable and payment default ensues, disconnection of sewage collection per se does not occur. This does not imply that there are no issues associated with sanitation services in Portugal, but that those issues are of a different nature and beyond the scope of this article. Portugal does not have an explicit recognition of the HRtWS in its legal framework, but voted in its favor in the United Nations General Assembly and it is also a party to the International Covenant on Economic, Social and Cultural Rights. Thus, in Portugal, a country with 96% of the population connected to drinking water services, the HRtW is considered a non-issue. The article, however, argues that the HRtW in Portugal is not fully implemented and that issues of affordability hinder its respect, protection and fulfillment. The discussion builds on research conducted after the economic crisis period (2010–2014), since during those challenging years, the country faced a high number of households being deprived of access to water due to payment default. The dynamics of this period show that the core issue underlying the recognition of a HRtW still remains in Portugal.

scholarly journals The Human Right to Water and Unconventional Energy

2018 ◽  
Vol 15 (9) ◽  
pp. 1858 ◽  
Author(s):  
Robert Palmer ◽  
Damien Short ◽  
Walter Auch
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Human Right ◽  
Governmental Organization ◽  
United Nations General ◽  
Access To Water ◽  
The United Nations ◽  
The Right

Access to water, in sufficient quantities and of sufficient quality is vital for human health. The United Nations Committee on Economic, Social and Cultural Rights (in General Comment 15, drafted 2002) argued that access to water was a condition for the enjoyment of the right to an adequate standard of living, inextricably related to the right to the highest attainable standard of health, and thus a human right. On 28 July 2010 the United Nations General Assembly declared safe and clean drinking water and sanitation a human right essential to the full enjoyment of life and all other human rights. This paper charts the international legal development of the right to water and its relevance to discussions surrounding the growth of unconventional energy and its heavy reliance on water. We consider key data from the country with arguably the most mature and extensive industry, the USA, and highlight the implications for water usage and water rights. We conclude that, given the weight of testimony of local people from our research, along with data from scientific literature, non-governmental organization (NGO) and other policy reports, that the right to water for residents living near fracking sites is likely to be severely curtailed. Even so, from the data presented here, we argue that the major issue regarding water use is the shifting of the resource from society to industry and the demonstrable lack of supply-side price signal that would demand that the industry reduce or stabilize its water demand per unit of energy produced. Thus, in the US context alone, there is considerable evidence that the human right to water will be seriously undermined by the growth of the unconventional oil and gas industry, and given its spread around the globe this could soon become a global human rights issue.

scholarly journals Rights and Value: Construing the International Covenant on Economic, Social and Cultural Rights as Civil Commons

2011 ◽  
Vol 5 (1) ◽  
pp. 91-125 ◽  
Author(s):  
Giorgio Baruchello ◽  
Rachael Lorna Johnstone
Keyword(s):  
United Nations ◽  
Economic Crisis ◽  
Alternative Conception ◽  
Environmental Implications ◽  
Cultural Rights ◽  
Global Economic Crisis ◽  
The United Nations ◽  
Theory Of Value ◽  
Civil Commons

This article brings together the United Nations’ International Covenant on Economic, Social and Cultural Rights (ICESCR) and John McMurtry’s theory of value. In this perspective, the ICESCR is construed as a prime example of “civil commons,” while McMurtry’s theory of value is proposed as a tool of interpretation of the covenant. In particular, McMurtry’s theory of value is a hermeneutical device capable of highlighting: (a) what alternative conception of value systemically operates against the fulfilment of the rights enshrined in the ICESCR; (b) the increased relevance of the ICESCR with regard to the current global economic crisis; (c) the parameters to determine the degree to which the rights at issue have been realized. Reflections on environmental implications of both the ICESCR and McMurtry’s axiology conclude the article.

Provision of Remedies for Violation of Economic, Social and Cultural Rights: A Comparative Study of the United Nations, Inter-American and African Human Rights Systems

2020 ◽  
Vol 28 (2) ◽  
pp. 298-318
Author(s):  
Roman Girma Teshome
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Comparative Study ◽  
Economic Rights ◽  
Regional Monitoring ◽  
Cultural Rights ◽  
The Past ◽  
The United Nations ◽  
To Receive

The effectiveness of human rights adjudicative procedures partly, if not most importantly, hinges upon the adequacy of the remedies they grant and the implementation of those remedies. This assertion also holds water with regard to the international and regional monitoring bodies established to receive individual complaints related to economic, social and cultural rights (hereinafter ‘ESC rights’ or ‘socio-economic rights’). Remedies can serve two major functions: they are meant, first, to rectify the pecuniary and non-pecuniary damage sustained by the particular victim, and second, to resolve systematic problems existing in the state machinery in order to ensure the non-repetition of the act. Hence, the role of remedies is not confined to correcting the past but also shaping the future by providing reforming measures a state has to undertake. The adequacy of remedies awarded by international and regional human rights bodies is also assessed based on these two benchmarks. The present article examines these issues in relation to individual complaint procedures that deal with the violation of ESC rights, with particular reference to the case laws of the three jurisdictions selected for this work, i.e. the United Nations, Inter-American and African Human Rights Systems.

scholarly journals Delegating diplomacy: rhetoric across agents in the United Nations General Assembly

2021 ◽  
pp. 002085232199756
Author(s):  
Julia Gray ◽  
Alex Baturo
Keyword(s):  
United Nations ◽  
International Organizations ◽  
General Assembly ◽  
Government Officials ◽  
United Nations General ◽  
Different Types ◽  
Single Voice ◽  
United Nations General Assembly ◽  
The United Nations ◽  
Career Incentives

When political principals send agents to international organizations, those agents are often assumed to speak in a single voice. Yet, various types of country representatives appear on the international stage, including permanent representatives as well as more overtly “political” government officials. We argue that permanent delegates at the United Nations face career incentives that align them with the bureaucracy, setting them apart from political delegates. To that end, they tend to speak more homogeneously than do other types of speakers, while also using relatively more technical, diplomatic rhetoric. In addition, career incentives will make them more reluctant to criticize the United Nations. In other words, permanent representatives speak more like bureaucratic agents than like political principals. We apply text analytics to study differences across agents’ rhetoric at the United Nations General Assembly. We demonstrate marked distinctions between the speech of different types of agents, contradictory to conventional assumptions, with implications for our understandings of the interplay between public administration and agency at international organizations. Points for practitioners Delegations to international organizations do not “speak with one voice.” This article illustrates that permanent representatives to the United Nations display more characteristics of bureaucratic culture than do other delegates from the same country. For practitioners, it is important to realize that the manner in which certain classes of international actors “conduct business” can differ markedly. These differences in tone—even among delegates from the same principal—can impact the process of negotiation and debate.

scholarly journals Proposals for the Negotiation Process on the United Nations Global Compact for Migration

2017 ◽  
Vol 5 (3) ◽  
pp. 682-693 ◽  
Author(s):  
Víctor Genina
Keyword(s):  
New York ◽  
United Nations ◽  
International Migration ◽  
Negotiation Process ◽  
General Assembly ◽  
Global Compact ◽  
Member States ◽  
Un General Assembly ◽  
The United Nations ◽  
High Level

On September 19th, 2016, the United Nations (UN) General Assembly adopted Resolution 71/1, the text of the New York Declaration for Refugees and Migrants (the “New York Declaration”). Resolution 71/1 is the outcome document of the high-level plenary meeting on addressing large movements of refugees and migrants, held at the UN headquarters. The New York Declaration reflects how UN member states have decided to address the challenge of large movements of people in two main legal categories: asylum seekers/refugees and migrants. Resolution 71/1 includes an annex titled “Towards a Global Compact for Safe, Orderly and Regular Migration” (the “global compact for migration” or “global compact”). This document is comprised of several thematic issues related to international migration that will be the basis of a globally negotiated agreement on how member states should respond to international migration at the national, regional, and international levels, as well as to issues related to international migration and development. The global compact for migration is intended to be adopted at a conference on international migration and development before the inauguration of the 73rd annual session of the UN General Assembly in September 2018. This paper addresses how UN member states should plan to address international migration in the future. It does not refer to refugees and asylum seekers: a global compact on refugees will be drafted by the United Nations High Commissioner for Refugees (UNHCR) in 2018, and to be presented to the UN General Assembly for states' consideration during its 73rd annual session, which starts in September 2018.1 For those who have been involved in migration issues within the United Nations, the fact that member states have finally agreed to convene an international conference on international migration represents a major achievement. It is the result of an extended process that started decades ago and was made possible by a long chain of efforts by many state delegations and other stakeholders. The global compact for migration will not be the first outcome document dealing exclusively with international migration. A declaration2 adopted at a high-level meeting at the United Nations in October 2013, for example, paved the way for the 2018 conference. Nonetheless, the global compact represents a unique opportunity to address international migration comprehensively and humanely. This paper contributes to the discussion on the elements that should be included in the global compact for migration. The paper is divided into two sections. The first section analyzes the main elements of Annex II, “Towards a Global Compact for Safe, Orderly and Regular Migration,” and the criteria that needs to be adopted in order to achieve a substantive outcome. In particular, participants in the negotiation process should aim to balance the concerns of states and the members of host societies, on one hand, with the needs and rights of migrants, on the other. The second section includes proposals to enrich the final global compact for migration and takes into account two documents written by two different actors within the UN system, the Special Representative of the Secretary-General on Migration, and the Special Rapporteur on the Human Rights of Migrants. In particular, the paper proposes that the global compact for migration: • sets forth principles that can inform the actions of governments in relation to international migration at all levels; • enunciates a clearer definition of state protection responsibilities in relation to migrants in crisis situations and so-called “mixed flows”3; affords a substantive role to civil society organizations, the private sector, and academic institutions in the global compact's follow-up and review process; • defines the institutional framework for the implementation and follow-up of the global compact within the United Nations, including through the work of the UN High-level Political Forum on Sustainable Development (HLPF); • establishes a mechanism to fund migration policies for states that lack enough resources to invest sufficiently in this task; and • builds a cooperation-oriented, peer-review mechanism to review migration policies. The paper has been conceived as an input for those who will take part in the negotiation of the global compact for migration, as well as those who will closely follow those negotiations. Thus, the paper assumes a level of knowledge on how international migration has been addressed within the United Nations during the last several years and of the complexities of these negotiation processes. The author took part in different UN negotiation processes on international migration from 2004 to 2013. The paper is primarily based on this experience.4

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