8.3.4 Denial of the minimum quantity of water needed to sustain life and health Condensed:
The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses. States should ensure access to the minimum essential amount of water that is sufficient and safe for personal and domestic uses to prevent disease. Safe drinking water consists of the elements of quantity and quality. The WHO provides guidelines of between 50 and 100 litres per person per day to ensure that health requirements are met. Minimum amounts should take account of the needs and contexts of different groups of people such as persons living with HIV/AIDS, pregnant women and breastfeeding mothers. Denial of the minimum quantity of water needed to sustain life and health may result from absence of a water source or from a water source located at a great distance from the household. Even in situations where access to water is legally restricted such as disconnection after appropriate legal procedures have been followed, affected persons should not be deprived of the minimum essential amount of water. Comprehensive:
The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses.[1] According to the Committee on Economic, Social and Cultural Rights, under the ICESCR there exists a ‘minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights is incumbent upon every State party.’[2]States are obligated to prioritize the needs of those most in need of water and for a State ‘to be able to attribute its failure to meet at least its minimum core obligations to a lack of available resources, it must demonstrate that every effort has been made to use all resources that are at its disposition in an effort to satisfy, as a matter of priority, those minimum obligations.’[3] States should ensure access to the minimum essential amount of water that is sufficient and safe for personal and domestic uses to prevent disease.[4] Safe drinking water consists of the elements of quantity and quality. The term ‘covers a limited amount of water needed - along with sanitation requirements - to provide for personal and domestic uses, which comprise water for drinking, washing clothes, food preparation and for personal and household hygiene.’[5] The WHO provides guidelines of between 50 and 100 litres per person per day to ensure that health requirements are met.[6] The UNDP Human Development Report 2006 stipulates a minimum of 20 litres a day of clean drinking water.[7] Each State may determine how much the minimum reasonable amount of water required to meet domestic and personal needs. Minimum amounts should take account of the needs and contexts of different groups of people such as persons living with HIV/AIDS, pregnant women and breastfeeding mothers. Denial of the minimum quantity of water needed to sustain life and health may result from absence of a water source or from a water source located at a great distance from the household. The CESCR Committee provides that States should at a minimum ‘ensure physical access to water facilities or services that provide sufficient, safe and regular water; that have a sufficient number of water outlets to avoid prohibitive waiting times; and that are at a reasonable distance from the household’.[8] Even in situations where access to water is legally restricted such as disconnection after appropriate legal procedures have been followed, affected persons should not be deprived of the minimum essential amount of water.[9]
[1] CESCR General Comment 15 para 2. [2]CESCR, General Comment 3. [3]CESCR, General Comment 3. [4] CESCR General Comment 15 para 37(a). [5] HRC Report of the United Nations High Commissioner for Human Rights on the scope and content of the relevant human rights obligations related to equitable access to safe drinking water and sanitation under international human rights instruments para 13. [6] Referred to in HRC Report of the United Nations High Commissioner for Human Rights on the scope and content of the relevant human rights obligations related to equitable access to safe drinking water and sanitation under international human rights instruments para 15 [7] UNDP ‘Beyond scarcity: Power poverty and the global water crisis’ Human Development Report 2006 (2006) 3. [8] CESCR, General Comment 15 para 37(c). [9] Sub-Commission on the Promotion and Protection of Human Rights Guidelines on the Realisation of the right to drinking water and sanitation E/CN.4/Sub.2/2005/25 (2005) para 2.3(d).
Condensed:
The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses. States should ensure access to the minimum essential amount of water that is sufficient and safe for personal and domestic uses to prevent disease. Safe drinking water consists of the elements of quantity and quality. The WHO provides guidelines of between 50 and 100 litres per person per day to ensure that health requirements are met. Minimum amounts should take account of the needs and contexts of different groups of people such as persons living with HIV/AIDS, pregnant women and breastfeeding mothers. Denial of the minimum quantity of water needed to sustain life and health may result from absence of a water source or from a water source located at a great distance from the household. Even in situations where access to water is legally restricted such as disconnection after appropriate legal procedures have been followed, affected persons should not be deprived of the minimum essential amount of water.
Comprehensive:
The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses.[1] According to the Committee on Economic, Social and Cultural Rights, under the ICESCR there exists a ‘minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights is incumbent upon every State party.’[2] States are obligated to prioritize the needs of those most in need of water and for a State ‘to be able to attribute its failure to meet at least its minimum core obligations to a lack of available resources, it must demonstrate that every effort has been made to use all resources that are at its disposition in an effort to satisfy, as a matter of priority, those minimum obligations.’[3] States should ensure access to the minimum essential amount of water that is sufficient and safe for personal and domestic uses to prevent disease.[4]
Safe drinking water consists of the elements of quantity and quality. The term ‘covers a limited amount of water needed - along with sanitation requirements - to provide for personal and domestic uses, which comprise water for drinking, washing clothes, food preparation and for personal and household hygiene.’[5] The WHO provides guidelines of between 50 and 100 litres per person per day to ensure that health requirements are met.[6] The UNDP Human Development Report 2006 stipulates a minimum of 20 litres a day of clean drinking water.[7] Each State may determine how much the minimum reasonable amount of water required to meet domestic and personal needs. Minimum amounts should take account of the needs and contexts of different groups of people such as persons living with HIV/AIDS, pregnant women and breastfeeding mothers.
Denial of the minimum quantity of water needed to sustain life and health may result from absence of a water source or from a water source located at a great distance from the household. The CESCR Committee provides that States should at a minimum ‘ensure physical access to water facilities or services that provide sufficient, safe and regular water; that have a sufficient number of water outlets to avoid prohibitive waiting times; and that are at a reasonable distance from the household’.[8]
Even in situations where access to water is legally restricted such as disconnection after appropriate legal procedures have been followed, affected persons should not be deprived of the minimum essential amount of water.[9]
[1] CESCR General Comment 15 para 2.
[2]CESCR, General Comment 3.
[3]CESCR, General Comment 3.
[4] CESCR General Comment 15 para 37(a).
[5] HRC Report of the United Nations High Commissioner for Human Rights on the scope and content of the relevant human rights obligations related to equitable access to safe drinking water and sanitation under international human rights instruments para 13.
[6] Referred to in HRC Report of the United Nations High Commissioner for Human Rights on the scope and content of the relevant human rights obligations related to equitable access to safe drinking water and sanitation under international human rights instruments para 15
[7] UNDP ‘Beyond scarcity: Power poverty and the global water crisis’ Human Development Report 2006 (2006) 3.
[8] CESCR, General Comment 15 para 37(c).
[9] Sub-Commission on the Promotion and Protection of Human Rights Guidelines on the Realisation of the right to drinking water and sanitation E/CN.4/Sub.2/2005/25 (2005) para 2.3(d).