A/HRC/39/67
not be “deprived of its means of subsistence”, thus States parties should ensure that “there
is adequate access to water for subsistence farming and for securing their livelihoods”.
Treating water as a human right and not as a commodity is the key to rehabilitating this
existential resource and to stop its accelerated pollution and degradation. States should
prioritize water use for human needs, small scale food production, ecosystem needs and
cultural use, before other uses.
The right to water and sanitation are inextricable for the realization of a whole range of
human rights for rural population. Water is thus not only indispensable for mere human
survival ensuring hydration, nutritious food-intake and maintaining health and well-being,
water is also vital for basic sanitation and good hygiene. Water lays the foundation for a
healthy, productive and dignified life, which is at the core of all human rights
The right to water includes water for productive uses necessary for securing the livelihoods
and conduct a life in dignity including protecting the right to food and to work. The
realization of the right to water for irrigation and agricultural and fishers use is a condition
sine qua non for the realization of the right to food and nutrition for all.
Article 22
Regarding the unrestricted application of this right to migrants, regardless of their legal
status, it should be remembered that this application must be interpreted on the
progressivity of compliance of the international obligations of the States, contained in
article 2.1 of the ICESCR and the general observations of that Committee that interprets it,
and that it is reflected in article 2.1 of the Declaration.
Article 26
Experts highlighted the importance of the preservation and protection of traditional
knowledge, including those of peasants and indigenous peoples. Several civil society
organizations expressed their support for the article as it is and for the new para. 4 on prior
informed consent for access to genetic resources in para. 4.
States shall take measures to ensure that the prior informed consent or approval and
involvement of peasants and other people working in rural areas is obtained for access to
traditional knowledge associated with genetic resources that they hold.
Article 28
The exercise of the rights set forth in the Declaration shall not prejudice the enjoyment by
all persons of universally recognized human rights and fundamental freedoms.
It is important to clarify that the raison d’être of international law is to have a common
standard among States, particularly in the field of human rights, to ensure that the concept
of human dignity is at the center of the debate, public policies and regulatory frameworks.
In accordance with general observations 9 and 3 of the CESCR, interpreting Article 2.1 of
the ICESCR, the States must adopt all necessary measures for the implementation of their
international obligations derived from the ICESCR and the judges must apply the Covenant
in its judicial decisions, even in a direct way, in case there are no laws that incorporate
these standards in national law.
59
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