Water-security capabilities and the human right to water

2019 ◽  
pp. 84-98
Author(s):  
Wendy Jepson ◽  
Amber Wutich ◽  
Leila M. Harris
Keyword(s):  
Water Security ◽  
Human Right

scholarly journals The Role of Water Law in the Sustainable Development in Indonesia

2020 ◽  
Vol 3 (1) ◽  
pp. 1-22
Author(s):  
Pulung Widhi Hari Hananto
Keyword(s):  
Sustainable Development ◽  
Water Security ◽  
Water Law ◽  
Clean Water ◽  
Water Protection ◽  
Human Right ◽  
The Sustainable Development ◽  
Diverse Background ◽  
Effective Water

Air selalu menjadi bagian dari kehidupan manusia dan sangat penting untuk kebutuhan manusia. Dalam beberapa dekade terakhir, polemik air telah meningkat dan membuat banyak korban dengan beragam latar belakang. Masalah utama tidak ada manajemen air dan keamanan air yang efektif (perlindungan air). Karena itu, kurangnya akses ke air bersih selalu terjadi dan yang terburuk, juga memberikan dampak serius dalam aspek hak asasi manusia dan hambatan besar bagi pembangunan berkelanjutan. Karena itulah diperlukan peran hukum air untuk menyelesaikan masalah ini. Dalam makalah ini, penulis ingin menguraikan dan menyelaraskan peran pentingnya hukum air untuk menjamin pembangunan berkelanjutan.  Abstract Water always have been a part of human’s life and it is very essential for human’s need. In recent decades, the polemic of water has increased and made of lot victim with diverse background. The major issue there’s no effective water management and water security (water protection). Because of that, the lack of access to clean water always happen and the worst, also gives serious impact in human right aspect and big obstacle for sustainable development. That’s why it needs a role of water law to resolve this problem. In this paper, the writer would like to elaborate and harmonize the importance role of water law in order to guarantee the sustainable development. 

scholarly journals Water Security and the Right to Water in Southern Africa: An Overview

2017 ◽  
Vol 20 ◽  
pp. 1 ◽  
Author(s):  
Caiphas Brewsters Soyapi
Keyword(s):  
Water Security ◽  
Indigenous Communities ◽  
Case Law ◽  
Transboundary Water ◽  
Right To Life ◽  
Human Right ◽  
Water Users ◽  
Constitutional Right ◽  
The Right ◽  
Water Issues

The southern African region’s water-related problems are quite diverse. From the struggles of indigenous communities in Botswana to the cholera outbreaks in Zimbabwe; from the difficulties of poor communities in accessing basic water services to the disputes between municipal councils and individual well-to-do water users, it is abundantly evident that water security is a goal/vision that needs to be pursued by governments. Yet, much of the holistic scholarly focus on water security within the region has been on transboundary water management, to the exclusion of local/national water constitutional frameworks. Through four cases from Botswana, South Africa, Zambia and Zimbabwe the paper addresses selected aspects of the varied water issues, in particular the constitutional right to water and how that impacts on water security within the region. The literature and case law reviewed in the paper indicate that while there are benefits to constitutionalising the right to water as a fundamental right, courts are still able to read the right to water into existing rights, especially the right to life. However, reading in has its own limitations, including that courts sometimes leave hanging/unpronounced government duties/responsibilities where the right to water is not provided for. Accordingly, the paper attempts to show that while the right to water could be read into other existing rights like the right to life, water security could be better achieved through an independent constitutional human right to water, which creates constitutional duties on the state. 

scholarly journals Groundwater and the Right to Water in a Context of Crisis

2016 ◽  
Vol 19 (1) ◽  
pp. 85-102 ◽  
Author(s):  
Pilar Carolina Villar
Keyword(s):  
Surface Waters ◽  
Water Security ◽  
Brazilian Population ◽  
Water Crisis ◽  
Human Right ◽  
Management Models ◽  
Documentary Analysis ◽  
Current Context ◽  
The Right

Abstract The water crisis tends to intensify the use of groundwater, which supplies almost half of Brazilian population. Despite that, its management is precarious. The article analyses the role of groundwater and its management in the current context of water crisis and forward the need to ensure the human right to water. The methodology used is the documentary analysis of literature, legislation, international documents and governmental reports. The fragilities over management and the private appropriation of groundwater threaten water security. The water crises focus in the idea of scarcity stimulates the quest for new sources but does not face the structural flaws of the management models. So the use of aquifers reflects the same problems that have allowed the degradation of surface waters, which is aggravated by the hidden character and the irregular exploration.

scholarly journals Water security, metropolitan supply and climate change: some considerations concerning the Rio de Janeiro case

2020 ◽  
Vol 23 ◽  
Author(s):  
Rosa Maria Formiga-Johnsson ◽  
Ana Lucia Britto
Keyword(s):  
Water Resources ◽  
Rio De Janeiro ◽  
Universal Access ◽  
Water Security ◽  
Safe Drinking Water ◽  
Human Right ◽  
Access To Water ◽  
Current Water ◽  
Adequate Quantity

Abstract In this article the authors assess the current level of water security of the population of the Rio de Janeiro metropolis supplied by the Guandu System. It sets out from the premise that water security is only achieved when universal access to water is ensured - that is, when water resources are available, in adequate quantity and quality, along with water services that guarantee the human right to safe drinking water. Based on previous research, a review of the literature and official documents, it was possible to adapt and apply an analytic schema to the case study in order to evaluate the level of water security. The authors conclude that there are many risks associated with the water resources, including climate stressors, but it is the performance of the water supply service that most jeopardizes the current water security of the population of the Rio de Janeiro metropolis; the availability of water resources, both current and future, is not an obstacle to universal access to water.

Part II Predominant Security Challenges and International Law, Economic and Resource Security, Ch.29 Water Security

2021 ◽  
Author(s):  
Thielbörger Pierre
Keyword(s):  
International Law ◽  
Water Security ◽  
Right To Life ◽  
Human Right ◽  
Economic Significance ◽  
Law And Politics ◽  
Water Wars ◽  
Security Challenges ◽  
Access To Water ◽  
The Right

This chapter addresses water security, which is a contested normative concept, without clear definitions, meanings, or interpretations. With this in mind, the term ‘water security’ must be understood in two distinct ways: security through water (meaning individuals’ access to water to sustain their lives and livelihoods) and security against water (meaning the absence of water-related threats, both natural and man-made). The concept of water security as security through water is a tool to guarantee certain minimum standards of water for individuals. This aspect of water security is closely related to the idea of a human right to water as derived from and related to other human rights such as the right to life, an adequate standard of living, and the right to the highest attainable standard of health. However, water can also pose threats. For instance, given its outstanding political and economic significance, the likelihood of ‘water wars’ has been discussed in international law and politics for some time. Special challenges to water security include the widespread privatization of water, climate change as catalyst for future water conflicts and water-related natural disasters, and the often forgotten ‘sanitation gap’.

Water Security and Human Rights

2020 ◽  
pp. 59-82
Author(s):  
Rhett B. Larson
Keyword(s):  
Human Rights ◽  
Water Security ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Sustainable Implementation ◽  
International Human ◽  
The Government

There is a growing movement in both international human rights law and within domestic national constitutions to recognize water as a human right. In this movement, the human right to water is almost exclusively formulated as a positive right—an obligation on the government to provide a minimum quantity and quality of affordable water. However, this formulation can be interpreted and implemented in ways that frustrate goals of water sustainability, because water may be underpriced as a human right. This chapter describes the history and evolution of the human right to water and proposes reforms to encourage its sustainable implementation.

scholarly journals Domestic water and sanitation as water security: monitoring, concepts and strategy

2013 ◽  
Vol 371 (2002) ◽  
pp. 20120420 ◽  
Author(s):  
David J. Bradley ◽  
Jamie K. Bartram
Keyword(s):  
Service Providers ◽  
Water Security ◽  
Universal Coverage ◽  
Current Status ◽  
Domestic Water ◽  
Human Right ◽  
Water And Sanitation ◽  
Security Monitoring ◽  
Development Goals ◽  
Equity Of Access

Domestic water and sanitation provide examples of a situation where long-term, target-driven efforts have been launched with the objective of reducing the proportion of people who are water-insecure, most recently through the millennium development goals (MDGs) framework. Impacts of these efforts have been monitored by an increasingly evidence-based system, and plans for the next period of international policy, which are likely to aim at universal coverage with basic water and sanitation, are being currently developed. As distinct from many other domains to which the concept of water security is applied, domestic or personal water security requires a perspective that incorporates the reciprocal notions of provision and risk, as the current status of domestic water and sanitation security is dominated by deficiency This paper reviews the interaction of science and technology with policies, practice and monitoring, and explores how far domestic water can helpfully fit into the proposed concept of water security, how that is best defined, and how far the human right to water affects the situation. It is considered that they fit well together in terms both of practical planning of targets and indicators and as a conceptual framework to help development. The focus needs to be broad, to extend beyond households, to emphasize maintenance as well as construction and to increase equity of access. International and subnational monitoring need to interact, and monitoring results need to be meaningful to service providers as well as users.

scholarly journals Regarding Groundwater and Drinking Water Access through A Human Rights Lens: Self-Supply as A Norm

Water ◽  
2020 ◽  
Vol 12 (2) ◽  
pp. 419 ◽  
Author(s):  
Jenny Grönwall ◽  
Kerstin Danert
Keyword(s):  
Human Rights ◽  
Drinking Water ◽  
Service Providers ◽  
Groundwater Resources ◽  
National Level ◽  
Health And Safety ◽  
Water Security ◽  
International Human Rights Law ◽  
Aquifer Recharge ◽  
Human Right

Globally, some 2.5 billion people depend solely on groundwater to satisfy their daily drinking water needs. The reliance on this resource and its centrality to realize the human right to ‘safe’ drinking water has increased manifold, but this is yet to be fully acknowledged globally or by governments and political leaders at the national level. This paper analyses the interface of international human rights law, as corresponding to the obligations and responsibilities of different actors, regarding groundwater resources planning, management and protection. Drawing on the literature, we discuss the State’s duties to respect, protect and fulfil this right especially in relation to the freedom of end-users to self-supply from groundwater sources; the training and regulation of non-State service providers including drillers and private vendors; and health and safety concerns. Interpreting the State’s duty to ‘fulfil’ through direct water service provision ‘as a last resort’, this paper suggests that self-provision is the original norm for enjoying the right to water. This has significant implications for the State’s role in raising awareness concerning point source protection and aquifer recharge for water resources management and in decisions concerning water allocation. By ignoring self-provision, which is primarily from groundwater, the State is not only missing a tremendous opportunity but is jeopardizing the water security of future generations.

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