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<p>Human&#xa0;rights&#xa0;to&#xa0;water&#xa0;and&#xa0;sanitation&#xa0;are important as a&#xa0;Sustainable&#xa0;Development&#xa0;Goal. Although freshwater remains essential for human survival and well-being, it is becoming increasingly scarce and unequally distributed due to climate change, population growth, and economic pressures. This research examines the effectiveness of legal frameworks and dispute resolution mechanisms in protecting the human right to water. By analyzing case studies from 13 countries, we investigated whether existing systems hold governments accountable for ensuring access to water for all. Our analysis traced the historical evolution of the right to water across international law, examining its recognition in customs, treaties, and general legal principles, and explored how judicial and non-judicial mechanisms address disputes related to water access. Findings reveal significant gaps in the enforcement and protection of this fundamental right. Case studies from low- and middle-income countries demonstrate that current dispute mechanisms often fail to address systemic issues like corruption, economic inequality, and environmental injustice that exacerbate water scarcity. Moreover, the rights of marginalized groups, particularly indigenous communities, are frequently overlooked in favor of private interests and neoliberal governance models. This research concludes that while the human right to water has gained international recognition, significant improvements are necessary to strengthen legal and institutional mechanisms to ensure equitable access to water for all and hold governments accountable for fulfilling their obligations. We conclude that despite the progression and recognition of human rights to access freshwater, populational and institutional mechanisms need to be fortified to bootstrap accountability insurance for equitable populational access.</p>

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Judicial and non-judicial factors regarding the right to access freshwater in low- and middle-income countries

  • 期刊论文

  • 发表日期：

    2025年4月4日

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  • Adriano Riad Mortada,
  • Linda S. Pagani

摘要

Human rights to water and sanitation are important as a Sustainable Development Goal. Although freshwater remains essential for human survival and well-being, it is becoming increasingly scarce and unequally distributed due to climate change, population growth, and economic pressures. This research examines the effectiveness of legal frameworks and dispute resolution mechanisms in protecting the human right to water. By analyzing case studies from 13 countries, we investigated whether existing systems hold governments accountable for ensuring access to water for all. Our analysis traced the historical evolution of the right to water across international law, examining its recognition in customs, treaties, and general legal principles, and explored how judicial and non-judicial mechanisms address disputes related to water access. Findings reveal significant gaps in the enforcement and protection of this fundamental right. Case studies from low- and middle-income countries demonstrate that current dispute mechanisms often fail to address systemic issues like corruption, economic inequality, and environmental injustice that exacerbate water scarcity. Moreover, the rights of marginalized groups, particularly indigenous communities, are frequently overlooked in favor of private interests and neoliberal governance models. This research concludes that while the human right to water has gained international recognition, significant improvements are necessary to strengthen legal and institutional mechanisms to ensure equitable access to water for all and hold governments accountable for fulfilling their obligations. We conclude that despite the progression and recognition of human rights to access freshwater, populational and institutional mechanisms need to be fortified to bootstrap accountability insurance for equitable populational access.