The United Nations Concept of Water as a Human Right: A New Paradigm for Old Problems?

Abstract

Water history reveals millennia-old struggles over the ownership of water, the pollution and depletion of water sources, and conflicting water uses. What is new is the scale of these problems, particularly access to water for the poorest of the poor. This paper discusses the various conceptual responses to the water problématique, including the commodity, public and social approaches. The human rights aspects of the latter are analysed in some detail in light of the recent General Comment on the Right to Water by a United Nations body. The paper argues that countries have international legal obligations, to respect, protect and fulfil this right without discrimination, that carry clear implications for policy and practice. While the report does not argue that this human right requires the complete decommodification of water or that it provides a ‘magic bullet’ solution, it seeks to show the benefits of a human rights approach and provides some suggestions for implementing the right at the local, national and international levels.

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