E/C.12/2002/11
Page 2
continuing contamination, depletion and unequal distribution of water is exacerbating
existing poverty. States parties have to adopt effective measures to realize, without
discrimination, the right to water, as set out in this general comment.
The legal bases of the right to water
2.
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.
3.
Article 11, paragraph 1, of the Covenant specifies a number of rights
emanating from, and indispensable for, the realization of the right to an adequate
standard of living “including adequate food, clothing and housing”. The use of the
word “including” indicates that this catalogue of rights was not intended to be
exhaustive. The right to water clearly falls within the category of guarantees essential
for securing an adequate standard of living, particularly since it is one of the most
fundamental conditions for survival. Moreover, the Committee has previously
recognized that water is a human right contained in article 11, paragraph 1, (see
General Comment No. 6 (1995)).2 The right to water is also inextricably related to the
right to the highest attainable standard of health (art. 12, para. 1)3 and the rights to
adequate housing and adequate food (art. 11, para. 1).4 The right should also be seen
in conjunction with other rights enshrined in the International Bill of Human Rights,
foremost amongst them the right to life and human dignity.
4.
The right to water has been recognized in a wide range of international
documents, including treaties, declarations and other standards.5 For instance, Article
2
See paras. 5 and 32 of the Committee’s General Comment No. 6 (1995) on the economic,
social and cultural rights of older persons.
3
See General Comment No. 14 (2000) on the right to the highest attainable standard of
health, paragraphs 11, 12 (a), (b) and (d), 15, 34, 36, 40, 43 and 51.
4
See para. 8 (b) of General Comment No. 4 (1991). See also the report by Commission on
Human Rights’ Special Rapporteur on adequate housing as a component of the right
to an adequate standard of living, Mr. Miloon Kothari (E.CN.4/2002/59), submitted in
accordance with Commission resolution 2001/28 of 20 April 2001. In relation to the
right to adequate food, see the report by the Special Rapporteur of the Commission on
the right to food, Mr. Jean Ziegler (E/CN.4/2002/58), submitted in accordance with
Commission resolution 2001/25 of 20 April 2001.
5
See art. 14, para. 2 (h), Convention on the Elimination of All Forms of Discrimination
Against Women; art. 24, para. 2 (c), Convention on the Rights of the Child; arts. 20,
26, 29 and 46 of the Geneva Convention relative to the Treatment of Prisoners of
War, of 1949; arts. 85, 89 and 127 of the Geneva Convention relative to the Treatment
of Civilian Persons in Time of War, of 1949; arts. 54 and 55 of Additional Protocol I
thereto of 1977; arts. 5 and 14 Additional Protocol II of 1977; preamble, Mar Del