Water and sanitation, a fundamental human right? : A study of the United Nations legal framework towards the fundamental Human Right to water and sanitation.

University essay from Ekonomihögskolan, ELNU

Abstract: The Earth consists of approximately 70 percentage of water, but only 1 percent is at present suitable to drink with no sanitation. Water is vital for human life and should be accessible to all human beings, stated even through its legal definition. Reviewed in this paper is that globalization has over the years brought both stunning benefits and openings for many individuals in regards to water and sanitation. However, these opportunities are yet not available for all, since currently approximately 2.5 billion of the world’s population lack access to sanitation, and for about 1 billion individual’s access to safe drinking water is absent. Harmed health leading to death is a crucial consequence of this enormous lack. International coherence and acknowledgement for this challenging situation is at present part of the global agenda, and through this, water and sanitation have been recognized as a fundamental human right by the United Nations (UN) and implemented in its legal framework. However, its definition can be questioned. The United Nations Economic and Social Council (ECOSOC) declare that water shall be available and accessible for all human beings. Within several of the UNs adopted documents, water shall additionally be sufficient, affordable, safe and acceptable, and contain a certain standard of quality. Nevertheless, obstacles occur regarding these requirements through its interpretation. The question arises if the right within its classification can guarantee the fundamental right to water and sanitation to be incorporated, compatible and functional in human rights law.  Besides this, the role of sustainable development and, regional and national legislations in the implementation process is additionally addressed to acknowledge how the right is ensured and protected.

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