165
Civil society organizations have used these statements of government obligations
to press for actions in courts. In one notable case, in 2001, responding concerns that
the state government of Rajasthan in a northern Indian was not using stockpiles of
food reserves to address shortages and high prices, several civil society organizations petitioned the Supreme Court of India to issue directives to the national and
state governments of how they should address problems of malnutrition. The
Supreme Court of India issued several ordinances in response to the case.
6.2.4.2 Water
In 2002, The UN Committee on Economic, Social and Cultural Rights (CESCR)
issued a statement on the right to water, based upon Article 11 and 12 of the
International Covenant on the Economic, Social and Cultural Rights (ICESCR), as
well as other treaties. Article 12 of ICESCR addresses “the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health.”
CESCR stated,
Water is a limited natural resource and a public good fundamental for life and health. The
human right to water is indispensable for leading a life in human dignity. It is a prerequisite
for the realization of other human rights. The Committee has been confronted continually
with the widespread denial of the right to water in developing as well as developed
countries…
The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses. An adequate amount of safe
water is necessary to prevent death from dehydration, to reduce the risk of water-related
disease and to provide for consumption, cooking, personal and domestic hygienic
requirements…
The right to water contains both freedoms and entitlements. The freedoms include the right
to maintain access to existing water supplies necessary for the right to water, and the right
to be free from interference, such as the right to be free from arbitrary disconnections or
contamination of water supplies. By contrast, the entitlements include the right to a system
of water supply and management that provides equality of opportunity for people to enjoy
the right to water.
CESCR also stated that “[w]hile the adequacy of water required for the right to
water may vary according to different conditions, the following factors apply in all
circumstances:” availability, quality, and accessibility. Accessibility includes physical accessibility, economic accessibility, non-discrimination, and information
accessibility. Here we see many of the elements of water security discussed in
Sect. 3.4.
As with the right to food, the obligations to respect, protect, and fulfill form the
core obligations of governments. CESCR goes further is asserting an international
obligation:
To comply with their international obligations in relation to the right to water, States parties
have to respect the enjoyment of the right in other countries. International cooperation
requires States parties to refrain from actions that interfere, directly or indirectly, with the
enjoyment of the right to water in other countries. Any activities undertaken within the State
6 International Governance
Civil society organizations have used these statements of government obligations
to press for actions in courts. In one notable case, in 2001, responding concerns that
the state government of Rajasthan in a northern Indian was not using stockpiles of
food reserves to address shortages and high prices, several civil society organizations petitioned the Supreme Court of India to issue directives to the national and
state governments of how they should address problems of malnutrition. The
Supreme Court of India issued several ordinances in response to the case.
6.2.4.2 Water
In 2002, The UN Committee on Economic, Social and Cultural Rights (CESCR)
issued a statement on the right to water, based upon Article 11 and 12 of the
International Covenant on the Economic, Social and Cultural Rights (ICESCR), as
well as other treaties. Article 12 of ICESCR addresses “the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health.”
CESCR stated,
Water is a limited natural resource and a public good fundamental for life and health. The
human right to water is indispensable for leading a life in human dignity. It is a prerequisite
for the realization of other human rights. The Committee has been confronted continually
with the widespread denial of the right to water in developing as well as developed
countries…
The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses. An adequate amount of safe
water is necessary to prevent death from dehydration, to reduce the risk of water-related
disease and to provide for consumption, cooking, personal and domestic hygienic
requirements…
The right to water contains both freedoms and entitlements. The freedoms include the right
to maintain access to existing water supplies necessary for the right to water, and the right
to be free from interference, such as the right to be free from arbitrary disconnections or
contamination of water supplies. By contrast, the entitlements include the right to a system
of water supply and management that provides equality of opportunity for people to enjoy
the right to water.
CESCR also stated that “[w]hile the adequacy of water required for the right to
water may vary according to different conditions, the following factors apply in all
circumstances:” availability, quality, and accessibility. Accessibility includes physical accessibility, economic accessibility, non-discrimination, and information
accessibility. Here we see many of the elements of water security discussed in
Sect. 3.4.
As with the right to food, the obligations to respect, protect, and fulfill form the
core obligations of governments. CESCR goes further is asserting an international
obligation:
To comply with their international obligations in relation to the right to water, States parties
have to respect the enjoyment of the right in other countries. International cooperation
requires States parties to refrain from actions that interfere, directly or indirectly, with the
enjoyment of the right to water in other countries. Any activities undertaken within the State
6 International Governance