Abstract

The paper relies on doctrinal method of study in determining whether a right to water exists under international human rights law. As primary source, the paper relies on the International Covenant on Economic, Social and Cultural Rights and the products of the ICESCR’s monitoring system: Economic and Social Council (ECOSOC) and particularly the work of the CESCR, which is the subsidiary body of the ECOSOC, tasked with monitoring functions, since 1985. The paper relies on the international interpretation of relevant ICESCRprovisions made by the CESCR as ‘evidence of the meaning and application of the Covenant’.1 The paper also relies on the study of relevant Concluding Observations issued by the CESCR during the course of its monitoring of states’ periodic reports. The primary reason, being, that unlike ICCPR’s Human Rights Committee jurisprudence, the ICESCR has not developed a body of jurisprudence from its treaty body. As secondary sources, scholarly writings and published academic debates have been referred to gauge the contents of the academic debate surrounding the issue.

Highlights

  • In 2010, the United Nations General Assembly in its Resolution 64/292 noted that right to safe and clean drinking water is a human right essential for the full enjoyment of life and all human rights. 2 the very basis of existence of human life, the debate on whether a right to water exists continues

  • The paper relies on the International Covenant on Economic, Social and Cultural Rights and the products of the ICESCR’s monitoring system: Economic and Social Council (ECOSOC) and the work of the CESCR, which is the subsidiary body of the ECOSOC, tasked with monitoring functions, since 1985

  • In its General Comment No 15, the CESCR noted that the right to water falls within the domain of Article 11, paragraph 1 of the ICESCR which 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.[10]

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Summary

Submission Guidelines

All manuscripts should be original and should not be simultaneously considered by any other publication. Coauthorship to a maximum of three authors is permitted except in special cases. The Journal accepts manuscripts for publication on a rolling basis throughout the year and the last date for submission for the Issue is May 31st 2018. Submissions made thereafter shall be considered for publication in the issue

Length Limitations
FEATURE ARTICLE
Introduction
Right to Water as an Implicit Right
Normative Content of the Right to Water
Problems of The Derivative Approach
Conclusion
Full Text
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