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(c) Explicit reference in human rights principles and guidelines: several principles and
guidelines adopted by the United Nations and the ILO highlight the obligation to provide safe
drinking water or sanitation to particular groups, including prisoners, juveniles deprived of their
liberty, internally displaced persons (IDPs), workers living in housing provided by their
employers and old persons. The FAO Voluntary Guidelines to support the progressive realization
of the right to adequate food in the context of national food security also highlight the fact that
access to water in sufficient quantity and quality for all is essential for life and health. Annex II
provides further details on these instruments and the obligations they entail.
(d) Safe drinking water and sanitation as a human right in declarations and resolutions:
access to safe drinking water was first declared a human right by United Nations Member States
in the Mar del Plata Action Plan (1977) asserting that irrespective of the level of development,
all people “have the right to have access to drinking water in quantities and of a quality equal to
their basic needs”.4 Resolutions adopted by the United Nations General Assembly and the
Commission on Human Rights also refer to safe drinking water as a human right.5 Members of
the Non-Aligned Movement, acknowledged the right to water for all in their 14th Summit final
document.6 At the regional level, recommendation 14 of the Committee of Ministers of the
Council of Europe to member States on the European Charter on Water Resources provides that
everyone has the right to a sufficient quantity of water for his or her basic needs.7 This being
said, the recognition of water as a human right in declarations and resolutions has been uneven.8
(e) Expert documents referring to safe drinking water and sanitation as a human right:
in 2002, the Committee on Economic, Social and Cultural Rights (CESCR) adopted its general
comment No. 15 on the right to water (articles 11 and 12 of the Covenant), defined as the right of
everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal
and domestic uses.9 General comments provide an authoritative interpretation by an expert body
on provisions under various international covenants and conventions, including the International
Covenant on Economic, Social and Cultural Rights (ICESCR). In 2006, the Sub-Commission for
4
Mar del Plata Action Plan, United Nations Water Conference, 1977, preamble.
5
General Assembly resolution 54/175, The right to development, para. 12; Commission on
Human Rights resolutions 2004/17 and 2005/15, Adverse effects of the illicit movement and
dumping of toxic and dangerous products and wastes on the enjoyment of human rights,
preamble, paras. 4 and 9.
6
Para. 226.
7
Recommendation Rec(2001)14 of the Committee of Ministers of the Council of Europe
to member States on the European Charter on Water Resource, available at:
http://www.coe.int/t/cm/adoptedTexts_en.asp#P47_2021.
8
For instance, water has not been acknowledged as a human right in the United Nations
Millennium Declaration, nor in the ministerial declarations adopted at the World Water Forums.
9
Para. 2.
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