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"Right to sanitation."
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The right to sanitation in India: Realisation of what?
In the context of recent degeneration in manual scavengers in Uttar Pradesh, India, where women are forced to undergo uterus removal surgery to perform efficiently at work, this article investigates what precisely realisation of the right to sanitation in India entails. It reviews the existing literature and finds that there is a narrow conception of sanitation as an infrastructure provision that influences the conceptualisation of sanitation as a right in India. The limited understanding of sanitation impacts the livability outcomes of the individuals, specifically the Dalit manual scavengers who are subjected to insufferable circumstances. The paper argues that the evaluation of the realisation of sanitation as a right is comprehensively achieved by deploying Amartya Sen's conception of justice, given its compatibility with the human rights framework. It concerns with the reduction of human suffering. It assesses individual well-being by focusing on expanding people's freedoms and opportunities to live a life of dignity.
Journal Article
Enterrer la lune
Dans un village de l'Inde rurale, Latika, une fillette courageuse et déterminée, profite de la venue d'un représentant du gouvernement pour tenter de concrétiser un de ses rêves: faire construire des toilettes publiques qui lui permettraient de fréquenter l'école, même après sa puberté. Ce roman en vers libres met en scène une héroïne forte et expose avec beaucoup de sensibilité ́ les effets du manque d'installations sanitaires sur la vie des femmes dans certaines régions du monde.
Constitutional mandate and judicial initiatives influencing Water, Sanitation and Hygiene (WASH) programmes in India
This paper undertakes a thorough review of the legislative and policy framework of water supply and sanitation in India within the larger backdrop of the universal affirmation of right to water and sanitation under the UN WASH initiatives, first articulated under the Millennium Development Goals (MDGs). Recognizing the proactive role played by the Indian judiciary in this regard, the paper examines various patterns of judicial reasoning in realising the right to water and sanitation as Constitutional rights of citizens. The paper observes that through a consistent ‘rights-based’ approach, the Indian judiciary has systematically articulated and achieved the objectives of the UN WASH initiatives long before they were spelled out under the MDGs. The paper highlights the need for the Government to recognise and incorporate judicial insights in implementing developmental projects under the WASH initiatives.
Journal Article
Overview of 12 Years of Special Rapporteurs on the Human Rights to Water and Sanitation: Looking Forward to Future Challenges
The year 2020 marks the 10th anniversary of the United Nations (UN) resolution that recognized the human rights to water and sanitation (HRtWS), and is the last year of the second mandate of the Special Rapporteurs (SRs), spanning 12 years in total. This paper discusses the challenges in the fulfilment of the rights through the work of the SRs, based on an analysis of the twenty-three country visits, seven follow-up reports, and twenty-two thematic reports elaborated during this time. While policy, regulation and finance receive the most attention from the SRs, the analysis of the follow-up reports show that the SRs’ recommendations alone might not be enough to trigger structural changes at country level. Aspects of accountability, equality and nondiscrimination also stand out in the work of the SRs. Based on the analysis, the last section identifies topics, settings, and groups that require further attention from a human rights perspective including: extraterritorial obligations, including transboundary waters; the UN and the HRtWS; climate change; public provision of water and sanitation services; drinking water quality control and surveillance; rural sanitation; indigenous peoples; sanitation workers; informal settlements; and capacity development.
Journal Article
Unpacking Water Governance: A Framework for Practitioners
Water governance has emerged as an important topic in the international arena and is acknowledged to be a crucial factor for adequate and sustained progress towards achieving Sustainable Development Goal (SDG) 6. However, there is not enough clarity about the practical meaning of the term “water governance” and how to work with it. This paper reviews the term’s use, to reveal how the concept is understood, referred to, and implemented in practice by different stakeholders. Based on literature review and consultations with experts, we identify and describe the core components of water governance (functions), describe their potential qualities when performed (attributes), and how they interrelate with the values and aspirations of the different stakeholders to achieve certain outcomes. These different components are described in detail to construct an operational framework to assess and work with water governance, which covers water and sanitation services delivery, water resources management and transboundary waters. This paper’s findings provide practical guidance for decision makers and practitioners on how action-oriented water governance processes can be meaningfully designed, and ultimately, how to strengthen efforts aiming to improve water governance.
Journal Article
Challenging exclusion: bringing the human rights to water and sanitation to Europe
Research and advocacy on water and sanitation in low-income countries often consider the human rights to water and sanitation as the basis for improving access to these essential services. But how often is the spotlight turned on high-income countries? Do the predominantly global North researchers, advocates, donors and development partners who explore failures to meet the human rights in Accra or Jakarta ever ask if the same rights are realized at home in Berlin, London or Paris? Exclusion and marginalization similar to that faced by various populations in low-income countries are present in the lived experiences of individuals and groups in Europe, including Roma communities, refugees and people facing homelessness or incarceration. Yet, the same human rights that are invoked in low-income countries are all too often ignored in Europe. Meanwhile, high-income countries cannot point to insufficient financial resources to justify failures in human rights realization. Against this background, we outline some of the inequalities in access to water and sanitation that exist and persist in high-income countries through the lens of human rights, and propose that invoking these human rights can support the ideals of equity and justice contributing to re-imagining universal access to services across Europe.
Journal Article
Human Rights at the Climate Crossroads: Analysis of the Interconnection between Human Rights, Right to Climate, and Intensification of Extreme Climate Events
This paper analyzes the theoretical foundation and practical implications of recognizing the right to a stable climate as a fundamental human right. Further, it examines the intersection of human rights, right to climate, and the intensification of extreme climate events. Through a bibliometric analysis, the study highlights the increase in scholarly attention paid to this nexus. The intensification of extreme climate events, such as the Cumbre Vieja volcano in Spain, is also analyzed as a catalyst for recognizing the right to climate as a human right, as a fundamental requirement for its enactment. Indeed, it is argued that this recognition is necessary to achieve climate justice. These thoughts about the necessity of recognizing the right to climate as a human right are also based on a similar case, the enactment of the rights to water and sanitation, which is presented as a case study, demonstrating how specific environmental rights can be integrated into human rights discourse. The results and discussion section synthesizes these findings, highlighting the imperative of recognizing climate rights to ensure justice and sustainability amidst escalating climate challenges.
Journal Article
The Decentered Construction of Global Rights: Lessons from the Human Rights to Water and Sanitation
Families in Flint, Michigan, protesting lead in their water, indigenous groups in the Amazon asserting control over their rivers, slum dwellers in India worried about disconnection or demanding cities bring potable water to their neighborhoods, an entire city in South Africa worried about the day when they will run out of water altogether—all these and many more have claimed the human right to water as the vehicle to express their demands. Where does this right come from, and how is its meaning constructed? In this article, we show that, in sociolegal terms, the global right to water, as are many others, is constructed out of the myriad struggles and claims of people who feel the lack of something that is essential to a dignified existence, and who cannot obtain an adequate response from their immediate political and legal environment. They do so in loose conversation with, but relatively unconstrained by, the meanings that are being constructed by the international and domestic legal experts who work on formal legal texts. We draw on research carried out around the world by a team of scholars whose articles are included in this Special Issue of the journal to illustrate the decentered construction of the right to water.
Journal Article
Elementos para una propuesta de política pública en gestión comunitaria del agua
El presente artículo expone la necesidad de una política pública en Colombia con enfoque de derechos humanos, que promueva y fortalezca la gestión comunitaria del agua en las zonas rurales del país, dado que esta se ha visto amenazada por el olvido gubernamental y el modelo neoliberal de libertad económica regulada desarrollado en la Ley 142 de 1994. Con este propósito se empleó una metodología hermenéutica y analítica, para la proposición de categorías que permitieran la comprensión histórica y jurídica de las formas de gestión pública, privada y comunitaria del recurso hídrico. Así, los resultados que se obtuvieron permitieron presentar un panorama sobre la gestión comunitaria del agua y la carga regulatoria que deben asumir los acueductos comunitarios en Colombia. Tema que demanda una respuesta estatal estructurada y centrada en el reconocimiento del derecho fundamental al agua, el cumplimiento de las obligaciones que se derivan de instrumentos jurídicos nacionales e internacionales de derechos humanos y la afirmación de las comunidades campesinas y rurales como sujetos colectivos de derechos que tienen una relación especial con el territorio y el recurso hídrico, por lo que deben ser consultados en el diseño e implementación de esta política pública.
Journal Article