The International and National Legal Framework on the Human Right to Water
No Thumbnail Available
Date
2014-06
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Addis Ababa University
Abstract
The right to water is one of the fundamental human rights and it is a road map for the realization
of other human ri ghts. It is a recently evolved area of human ri ghts. No international bill of
human rights that has explicitly recognized the ri ght to water. The non-explicit recognition of the
human right to water does not mean that there is no human right to water in contemporary human
rights law because it is supported by the declarations and states practice. However, there is no
adequate legal framework in this regard. In similar vein, gradually it was recognized as an
international issue, the lack of sufficient access and availability of water necessitates that action
would be a driving force in regards to both recogni zi ng the ex istence or the human right to water
and defining its conten t. First and foremost an explicit and full recognition of the human right to
water is required in order to enable individuals and communities to claim th eir ri ght to water
needs and to impose on states the obligati ons to supply the minimum quantity and quality of
water for all. Arguably, therefore, the justiciability of the human right to water will explore with
due attention to local legal framework through direct and indirect approach. Then issues
affecting the reali zation of the human ri ght to water and the subsequent failure to implement in
Ethiopia are also discussed through qualitative methods of data co ll ection with some interviews.
Finall y, the thes is wrap up that the human right to water is in no way aspirational, but rather
imposes real obligations on states, for which they will be subjected to international and national
accountability. So, the incorporation of the human right to water in the domestic Constitution can
be justified not only from the perspective of enforcing human ri ghts but also for ongoing
sustainab le development. It is recommend that implementing the human right to water wi ll often
require a rev iew of states legislation and policy related 10 its services regulation ; overall it is
management and citizen's complaints institutions.
Keywords: Federal Democratic Republic of Ethiopian (FDRE), International Covenant on
Economic Social and Cultural Rights (ICESCR), the right 10 water
Description
Keywords
Federal Democratic Republic of Ethiopian (FDRE),, International Covenant on Economic Social and Cultural Rights (ICESCR), the right to water