The article considers the importance of the recognition of a specific right of access to water as a fundamental human right. Human rights debates have attempted to establish water as an independent right to ensure maximum benefits and enforcement mechanisms for individuals. Although the approval of a large number of soft-law instruments attesting the importance of the right of access to water, it is not yet clearly established whether it has reached the status of a freestanding right under general international law. The absence of an explicit reference to the right to water is a common feature of both universal human rights treaties and regional conventions, such as the European Convention on Human Rights, the American Convention and the African Charter. This study explores the legal framework for treating the right to water as an effective fundamental right according to the relevant agreements and international practice. It also tries to establish which are the contours of such a right. This article broaches the issue by looking at two different bodies of international law, International water law and human rights law.
The position of individuals in relation to the right of access to water in International and European law
Lanciotti alessandra
2019
Abstract
The article considers the importance of the recognition of a specific right of access to water as a fundamental human right. Human rights debates have attempted to establish water as an independent right to ensure maximum benefits and enforcement mechanisms for individuals. Although the approval of a large number of soft-law instruments attesting the importance of the right of access to water, it is not yet clearly established whether it has reached the status of a freestanding right under general international law. The absence of an explicit reference to the right to water is a common feature of both universal human rights treaties and regional conventions, such as the European Convention on Human Rights, the American Convention and the African Charter. This study explores the legal framework for treating the right to water as an effective fundamental right according to the relevant agreements and international practice. It also tries to establish which are the contours of such a right. This article broaches the issue by looking at two different bodies of international law, International water law and human rights law.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
