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(c) Regional mechanisms: judicial or quasi-judicial human rights mechanisms at the
regional level have also addressed and developed specific jurisprudence on issues related to safe
drinking water and sanitation, notably in relation to the pollution of water and access to safe
drinking water for detainees.62 The European Committee on Social Rights has also addressed
issues related to access to safe drinking water in relation to article 16 of the European Social
Charter which provides for the right of the family to social, legal and economic protection;63
(d) National courts: a number of courts have adjudicated certain aspects of human rights
obligations in relation to access to safe drinking water - notably in relation to the pollution of
water resources and disconnections - or have derived a right to access safe drinking water from
the enjoyment of other human rights, such as the right to life or the right to a healthy
environment;64
(e) National human rights institutions (NHRIs): a number of national human rights
institutions have a specific mandate for economic, social and cultural rights.65 Submissions
received from NHRIs highlight the fact that some of them already work on issues pertaining to
safe drinking water and sanitation and monitor related States’ obligations;66
62
African Commission on Human and Peoples’ Rights: Free Legal Assistance Group et. al. v.
Zaire, communication 25/89, 47/90, 56/91 and 100/93; The Social and Economic Rights Action
Center and the Center for Economic and Social Rights v. Nigeria, communication 155/96.
See also decisions of the European Court of Justice case C-266/99 (1999/C-281/06) and
case 69/99 (1999/C 1999/069); Menores Communidad Paynemil s/accion de amparo,
Expte. 311-CA-1997. Sala II. Camara de Aplicaciones en lo Civil, Neuquen, 19 May 1997.
63
European Roma Rights Centre v Greece, complaint No. 15/2003 (8 December 2004).
64
See for instance, Francis Coralie Mullin v. The Adminstrator, Union Territory of Delhi 1981
(2) SCR 516; Narmada Bachao Andolan v. Union of India (2000) 10 SCC 664, at 767; Residents
of Bon Vista Mansions v. Southern Metropolitan Local Council 2002 (6) BCLR 625 (W); Bill of
Review, 0208625-3, Special Jurisdiction Appellate Court of Parana; Quevedo Miguel Angel y
otros c/Aguas Cordobesas SA. Amparo, Cordoba City Juez Sustituta de Primera Instancia y 51
Nominacion e4n 10 Civil y Comercial de la Ciudad de Cordoba, 8 April 2002; Menores
Communidad Paynemil s/acción de amparo ibid.
65
Economic, social and cultural rights: a handbook for national human rights institutions,
OHCHR 2005.
66
See for instance the submissions received from NHRIs in Honduras, Panama, Paraguay, Peru,
Puerto Rico and Venezuela. The Kenya National Commission on Human Rights (KNCHR) has
assessed the implementation of the right to water in Kenya in one of its annual reports: Kenya
National Commission on Human Rights, The State of Human Rights Report 2003-2004
(Nairobi 2005).
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