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Introduction

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The Right(s) to Water
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Abstract

Water is life. Lack of it leads to illness, misery and death. It is a grave fact that according to reports of the United Nations (UN) in 2012 more than 780 million people rely on unsafe potable water and another 2.5 billion people have no access to sanitation. Almost two million children die each year for want of clean water and clean toilets. A recent example of this water crisis is the outbreak of cholera in 2008 in Zimbabwe, spread by water contaminated with human excrement, leaving the population of the whole country without clean and safe water for several weeks. Another dramatic example is that of Haiti. The initial disaster, the earthquake of 12 January 2010, was followed by a devastating water crisis. Tremors from the initial earthquake demolished the water pipes, allowing seawater to seep into the drinking water supplies and rats to multiply in the sewer systems, making Haiti’s freshwater undrinkable for weeks. With no other water sources available, many Haitians nevertheless consumed the contaminated drinking water for weeks, causing a dramatic cholera epidemic. As a third example, South Pacific Island States were confronted with severe water shortages as a consequence of low rainfall in 2011. Rising sea levels exacerbated the crisis by contaminating the groundwater. As a consequence, the inhabitants of Tuvalu and Tokelau heavily depended on foreign aid in terms of bottled water supply. These examples show that, despite remarkable advances in some areas of the world in order to meet the UN Millennium Development Goals, the global water crisis is evident, in particular amongst the poor rural population. The imperative for the international community to act in order to protect the planet’s “blue gold” could not be more urgent.

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Notes

  1. 1.

    UNICEF and WHO (2012); WHO (2012).

  2. 2.

    See similar figures in UN (2009), p. 46, which states that 884 million people worldwide still rely on unimproved water sources for drinking. Following DFID (2001), p. 13, even more than one billion people lack access to safe water. See also UNDP (2006).

  3. 3.

    See UNDP (2006), pp. 5–6; “Lack of Toilets Among Leading Causes of Childs Death, Says UNICEF on World Toilet Day”, in: UNICEF-USA, 19 November 2012, http://www.unicefusa.org/news/releases/lack-of-toilets-causes-child-deaths.html.

  4. 4.

    See for instance Dugger (2008).

  5. 5.

    See for a good overview of the earthquake and its implications for the water supply in Haiti the reports at the New York Times, http://www.nytimes.com/interactive/world/americas/2010-haiti-shattered-year.html#intro.

  6. 6.

    See for a good overview on the outbreak of cholera on Haiti McNeil Jr (2010) or “More than 100 dead in suspected cholera outbreak in Haiti”, in: The Guardian, 22 October 2010, http://www.guardian.co.uk/world/2010/oct/22/haiti-cholera-outbreak. See, more recently, Sontag (2012).

  7. 7.

    See for a good overview the articles “South Pacific islands face water crisis after 6 months of low rainfall”, in: The Guardian, 4 October 2011, http://www.guardian.co.uk/environment/2011/oct/04/south-pacific-water-crisis-rainfall; “The South Pacific’s water crisis: And not a drop to drink”, in: The Economist, 6 October 2011, http://www.economist.com/blogs/banyan/2011/10/south-pacifics-water-crisis; “Australia, New Zealand in airlift to drought-hit Tuvalu”, in: BBC NEWS, 7 October 2011, http://www.bbc.co.uk/news/world-asia-pacific-15210568.

  8. 8.

    As UN Secretary General Ban-Ki Moon states, “we are well on our way to meeting the target for safe drinking water” (UN (2009), p. 3). However, a closer look reveals that the improved statistics are mainly thanks to regional efforts, in particular of China and India, through the increased use of improved water supplies and the expansion of access.

  9. 9.

    Despite the recent progress, UN (2009) still uses this term, see for instance Sha Zukang, Under-Secretary-General for Economic and Social Affairs, p. 5.

  10. 10.

    See UN (2012), p. 53, according to which the number of people without an improved water source in rural areas are five times greater than in urban areas.

  11. 11.

    The term “Blue Gold” was prominently introduced by Barlow and Clarke (2002), and is becoming more and more common in the current debate, see for instance: Petrova (2006) or Kessler (2007).

  12. 12.

    UNGA, The human right to water and sanitation, A/RES/64/292, 3 August 2010, op. par. 1.

  13. 13.

    HRC, Human rights and access to safe drinking water and sanitation, A/HRC/RES/15/9, 6 October 2010, op. par. 3.

  14. 14.

    ESCR-Committee, General Comment No. 15: The right to water (Art. 11 and 12), HRI/GEN/1/Rev.9 (Vol. I), 27 May 2008, at 97 (hereinafter “ESCR-Committee, General Comment No. 15”).

  15. 15.

    Rudolf argues that the General Comment has decisively influenced (“maßgeblich beeinflusst”) the discussion on a right to water ever since its release, see Rudolf (2007), p. 22; see also Langford (2006), p. 479, who argues that the General Comment “has had perhaps more impact and influence than the drafters initially expected.”

  16. 16.

    ECJ, Joined Cases C-402/05 P and C-415/05 P, Yassin Abdullah Kadi and Al Barakaat International Foundation v. Council of the European Union and Commission of the European Communities, Judgment of 3 September 2008, [2008] ECR I-6351.

  17. 17.

    For the introduction of the mandate, see HRC, Human rights and access to safe drinking water and sanitation, A/HRC/RES/7/22, adopted on 28 March 2008. For an overview of the mandate’s work, also see the webpage of the Office of the High Commissioner for Human Rights (OHCHR), http://www2.ohchr.org/english/issues/water/iexpert/index.htm.

  18. 18.

    See the curriculum vitae of Mrs. de Albuquerque at the OHCHR webpage, http://www.ohchr.org/en/Issues/WaterAndSanitation/SRWater/Pages/CatarinaDeAlbuquerque.aspx.

  19. 19.

    UNGA, The human right to water and sanitation, A/RES/64/292, 3 August 2010.

  20. 20.

    HRC, Human rights and access to safe drinking water and sanitation, A/HRC/RES/15/9, 6 October 2010.

  21. 21.

    HRC, The human right to safe drinking water and sanitation, A/HRC/RES/16/2, 8 April 2011.

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Thielbörger, P. (2014). Introduction. In: The Right(s) to Water. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-33908-0_1

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