Access to safe water and sanitation has evolved from a basic need to recognized human right within international law, reflecting its essential role in human dignity, health, and sustainable development.
The journey toward recognition clearly began in 1970s, notably at the 1977 Mar del plata UN Water Conference, which first declared water as a right necessary for meeting basic needs. Over subsequent decades, key international treaties such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention of the Rights of the Child (CRC) implicitly incorporated these rights under the broader right to an adequate standard of living.
A major milestone occurred in 2010, when the United Nations General Assembly adopted Resolution 64/292, explicitly recognizing the right to safe and clean drinking water and sanitation as fundamental human rights essential for the full enjoyment of life and all other rights. This way reinforced by the United Human Rights Council and subsequent General assembly resolution which clarified that these rights are distinct yet closely related, and are legally binding obligations for states under international law.
International human rights law now obliges states to ensure universal, non-discriminatory access to water and sanitation, emphasizing availability, accessibility, affordability, quality, and acceptability. The recognition of those rights has empowered vulnerable groups, enhanced accountability, and established a framework for monitoring and enforcing progress globally.
The history of this recognition underscores the ongoing commitment of the international community to uphold water and sanitation as integral components of human rights and sustainable development.
Key words: Water and sanitation, Human rights, recognition, internationalmechanisms, regional mechanisms, obligations of states.
Доступ к безопасной воде и санитарии как права человека: история его признания в международном праве
Аннотация: Доступ к безопасной воде и санитарии превратился из базовой потребности в признанное право человека в рамках международного права, отражающее его важнейшую роль в обеспечении человеческого достоинства, здоровья и устойчивого развития.
Путь к признанию, безусловно, начался в 1970-х годах, в частности, на Конференции ООН по водным ресурсам в Мар-дель-Плате в 1977 году, где впервые вода была провозглашена правом, необходимым для удовлетворения основных потребностей. В последующие десятилетия ключевые международные договоры, такие как Международный пакт об экономических, социальных и культурных правах (МПЭСКП) и Конвенция о правах ребенка (КПР), косвенно включили эти права в более широкое право на достаточный жизненный уровень.
Важным событием стал 2010 год, когда Генеральная Ассамблея Организации Объединенных Наций приняла резолюцию 64/292, в которой право на безопасную и чистую питьевую воду и санитарию прямо признано основополагающим правом человека, необходимым для полноценной жизни и осуществления всех других прав. Это было подкреплено резолюцией Совета ООН по правам человека и последующей Генеральной Ассамблеи, в которой разъяснялось, что эти права являются различными, но тесно связанными и являются юридически обязывающими обязательствами государств в соответствии с международным правом.
Международное право прав человека в настоящее время обязывает государства обеспечивать всеобщий и недискриминационный доступ к воде и санитарии, подчеркивая их доступность, доступность, финансовую доступность, качество и приемлемость. Признание этих прав расширило возможности уязвимых групп, усилило подотчетность и создало основу для мониторинга и обеспечения прогресса во всем мире.
История этого признания подчеркивает неизменную приверженность международного сообщества делу обеспечения водоснабжения и санитарии как неотъемлемых компонентов прав человека и устойчивого развития.
Ключевые слова: вода и санитария, права человека, признание, международные механизмы, региональные механизмы, обязательства государств.
Introduction
Access to clean water and sanitation is a fundamental human need, yet billions of people worldwide still lack these basic services.
Currently, global access to water and sanitation shows significant challenges as about 27% of the world’s population, or 4.4 billion people mainly in low- and middle-income countries, lack access to safely managed drinking water services [1]. Sub-Saharan Africa faces severe deficits, with only about 32% having access to clean water and sanitation coverage in rural areas much lower than urban areas (47% vs. 83% for water; 24% vs. 44% for sanitation) [2].
Globally, 2.2 billion people still lack safely managed water services. On the planet, 1.5 billion have only basic services, and hundreds of millions rely on unimproved or surface water sources. Sanitation access is also inadequate, with an estimated 3 billion people lacking safe toilets by 2030 if current progress rates continue. Hygiene services are insufficient for 1.4 billion people worldwide, and many children lack basic WASH (water, sanitation, hygiene) facilities at schools[3] [4].
The target of the UN Sustainable Development Goal 6 is a universal access to water and sanitation by 2030.Thequestioniswhetheraccess to safe water and adequate sanitation is a favor, an expectation, or a human right.
To answer to this question, we refer ourselves to the United Nations General Assembly Resolution 64/292 on 28 July 2010, which explicitly recognized «the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights.» This was the first time a high-level UN body formally recognized these rights [5].
The recognition of water and sanitation as human rights under international law has evolved over decades, influenced by global crises, advocacy, and legal developments.
This article explores the historical trajectory of the right to water and sanitation in international law, highlighting key milestones, legal instruments in the internationalmechanisms (I) and regional mechanisms of recognizing the access to safe drinking water and adequate sanitation as a human right (II).
Methods and methodology.
The methodological basis is formed by the general scientific methods: analysis, synthesis, logical method, generalization, as well as special legal method, comparative legal method. We will use the so-called exegetical legal method by which we will analyze the various legal texts, binding and non-binding that relate to the history of recognition of access to water and sanitation in the frameworkof human rights.
I. History of the recognition of the rights to water and sanitation in the international mechanisms
I.1.Early Foundations of the recognition of the rights to water and sanitation (Pre-20th Century)
Before the 20th century, water rights were primarily governed by local customs, religious laws, and early legal systems (e.g., Roman water laws)[6].
The access to water and sanitation in the pre-20th century was not explicitly recognized as a human right in legal terms, but access to water and sanitation has been a crucial concern since ancient times due to its impact on health and survival.
The cities of the Indus Valley Civilization, such as Mohenjo-Daro and Lothal, developed remarkably advanced public water supply and sanitation systems that demonstrate an early understanding of public health. As highlighted in an academic review on the history of water use, the Indus Vally Civilizations had sophisticated sewerage and drainage systems dating back to around 2600 BC ensuring the proper removal of wastes from urban areas[7]. This is exemplified in Mohenjo-Dalo, which is noted for pioneering urban sanitation standards, including indoor plumbing in most homes and a complex city-wide covered sewage system that carried waste away from populated areas. This technological prowess was underpinned by a broader ancient knowledge, as documented in Sanskrit medical lore and other early records, which show that the quest for pure water and sanitation practices began in prehistoric times[8].
Ancient Mesopotamian, Hellenic, and Roman civilizations also practiced wastewater reuse and developed sewage systems. Romans, for example, built extensive sewerage systems and public toilets, recognizing the link between water and sanitation[9].
Despite these developments, sanitation and water access were often linked to social status and urban infrastructure rather than framed as universal rights. Access was generally limited to those in settlements near water sources or with infrastructure, and there was no formal legal recognition of a right to water or sanitation [10].
I.2.The Emergence of Human Rights Frameworks (1940s–1970s)
The post-World War II era marked the beginning of modern human rights law, laying indirect foundations for water and sanitation rights.
I.2.1 The Universal Declaration of Human Rights (UDHR, 1948)
While not explicitly mentioning water or sanitation, Article 25 recognizes the right to an adequate standard of living, which later interpretations link to water access.
Article 25 of the Universal declaration of Human Rights is the foundational basis for recognizing water and sanitation as human rights. It guarantees the right to an adequate standard of living and health, which necessarily includes access to safe water and sanitation.
This interpretation has been affirmed and expandedby United Nations bodies and international law, making water and sanitation essential elements of human dignity and well-being[11].
I.2.2 The International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966)
The International Covenant on Economic, Social and Cultural Rights (ICESCR) serves as a key legal basis for the human rights to water and sanitation. Although the ICESCR itself does not explicitly mention water and sanitation, the UN Committee on Economic, Social and Cultural Rights (CESCR) clarified in General Comment № 15 (2002) that the right to water is implicitly part of the right to an adequate standard of living (Article 11) and the right to the highest attainable standard of health (Article 12) under the ICESCR.
This interpretation establishes that everyone is entitled to sufficient, safe, acceptable, physically accessible, and affordable water for personal and domestic use [12].
States parties to the ICESCR have immediate obligations to respect, protect, and fulfill the right to water and sanitation without discrimination, and to take deliberate, concrete, and targeted steps toward its full realization using the maximum of their available resources.
I.3.The First Explicit Recognition (1970s–1990s)
Growing awareness of global water crises led to more explicit discussions.
I.3.1. The1977 Mar del Plata Conference
It is thefirstUNconferenceon water recognized that all people have the right to drinking water in quantities and quality sufficient for basic needs.
The 1977 Mar del Plata Conference was a United Nations Water Conference held in Mar del Plata, Argentina, from March 14 to 25, 1977, attended by 116 governments.
Its main goal was to assess the status of global water resources and ensure an adequate supply of quality water to meet growing socioeconomic needs, aiming to avoid a global water crisis by the year 2000. The conference produced the Mar del Plata Action Plan, the first internationally coordinated approach to integrated water resources management (IWRM), which included recommendations and twelve resolutions covering water use efficiency, natural hazards, pollution control, policy, planning, education, and international cooperation.
Despite initial organizational challenges, including leadership issues, the conference was significant in putting water firmly on the international political agenda and generating extensive knowledge and country-specific analyses on water management [13]. Many developing countries produced detailed national reports for the first time. However, the implementation of the Action Plan faced difficulties due to its broad scope, lack of a single UN body to enforce it, no clear timelines, and economic prioritization by governments. As a result, many problems identified remain unresolved, and follow-up efforts were limited until the 1990s and 2000s.
Overall, Mar del Plata was a landmark event in global water policy, setting a foundation for future water management efforts, although changing global conditions and emerging challenges like climate change call for updated international water strategies[14].
I.3.2 The 1986 UN Declaration on the Right to Development
The declaration implicitly supported access to essential resources, including water.
The 1986 Declaration establishes development as a human right that requires participation, equity, justice, and international cooperation to ensure that all individuals and peoples can benefit from and contribute to development processes.
The 1986 UN Declaration on the Right to Development was adopted by the General Assembly on December 4, 1986, through resolution 41/128. It recognizes the right to development as an inalienable human right, entitling every human person and all peoples to participate in, contribute to, and enjoy economic, social, cultural, and political development. The declaration emphasizes that development is a comprehensive process aimed at improving the well-being of all individuals with their active, free, and meaningful participation and equitable distribution of benefits.
The Declaration links the right to development to the right of peoples to self-determination, including sovereignty over natural resources. It stresses the centrality of the human person in development and the responsibility of states to create favorable conditions for development. It also calls for international cooperation to eliminate obstacles to development and promote a new international economic order supportive of development rights.
The Declaration introduced a rights-based approach to development, integrating human rights with development goals, and has influenced subsequent regional and international human rights and sustainable development instruments. However, its interpretation and implementation remain politically contested.
I.3.3 The1992 Dublin Principles
The 1992 Dublin Principles are four guiding principles established at the International Conference on Water and the Environment (ICWE) in Dublin, Ireland, aimed at sustainable freshwater management[15].
The first principle is that fresh water is a finite and vulnerable resource, essential to sustain life, development, and the environment.
Dedicating that water development and management should be based on a participatory approach, involving users, planners, and policymakers at all levels is the second principle.
For the third principle, women play a central role in the provision, management, and safeguarding of water.
Fourth, water has an economic value in all its competing uses and should be recognized as an economic good.
These principles emphasize the importance of sustainable, inclusive, and economically sound water management to address scarcity and ensure equitable access.
I.4.Formal Recognition in International Law (2000s)
The 21st century saw concrete legal advancements
I.4.1 General Comment no. 15 (2002, UN CESCR)
General Comment No. 15 (2002) by the UN Committee on Economic, Social and Cultural Rights (CESCR) elaborates on the human right to water as derived from Articles 11 and 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). It recognizes water as a limited natural resource and a fundamental public good essential for life, health, and human dignity. The right to water entitles everyone to sufficient, safe, acceptable, physically accessible, and affordable water for personal and domestic use.
We should affirm that the General Comment n015 was groundbreaking as the first authoritative legal framework explicitly recognizing the human right to water within international human rights law. It sets out the normative content of the right to water and the legal obligations of states to ensure universal, equitable, and sustainable access to safe water as a fundamental human right.
The right to water is indispensable for realizing other human rights and requires non-discrimination on any grounds including race, sex, disability, and social status.
States have immediate obligations to ensure minimum essential access to safe and sufficient water, physical accessibility, equitable distribution, and personal security when accessing water and must take deliberate, concrete, and targeted steps towards full realization of the right to water, with a continuing duty to move expeditiously and effectively.
The right includes freedoms (e.g., freedom from contamination) and entitlements (e.g., access to water facilities), and its adequacy varies by context but always requires availability, quality, and accessibility. Consequently, states have three types of obligations, to respect the right by not interfering, to protect it from third-party interference, and to fulfill it by adopting necessary measures
Obligations of states are non-negotiable, and failure to use maximum available resources to realize the right constitutes a violation.
The right to water also supports related rights such as adequate food and health, emphasizing sustainable access for agriculture and marginalized groups.
I.4.2. Millennium Development Goals (MDGs, 2000–2015)
Basically, the Millennium Development Goals (MDGs) were eight international development goals established by the United Nations in 2000, with a target completion date of 2015.
Halve, by 2015, the proportion of the population without sustainable access to safe drinking water and basic sanitation was the target 7.C. This target was part of MDG 7, “Ensure Environmental Sustainability”.
Both safe drinking water and basic sanitation, the target 7.C was respectively to reduce by half the percentage of people without access to clean and safe drinking water and by half the proportion of people lacking access to improved sanitation facilities (e.g., toilets, sewage systems).
I.4.3 UN Resolution 64/292 (2010)
The 2010 UN General Assembly Resolution 64/292 marked a historic change by explicitly recognizing the right to safe and clean drinking water and sanitation as a human right essential for the full enjoyment of life and all other human rights[16].
This formal recognition elevated water and sanitation from being implicit components of other rights (like the right to health or an adequate standard of living) to distinct human rights recognized by a major UN body.
The recognition established clear state obligations to ensure access to sufficient, safe, acceptable, physically accessible, and affordable water and sanitation services, setting benchmarks such as water affordability not exceeding 3% of household income and access within 1,000 meters or 30 minutes collection time and it reinforced that the rights to water and sanitation are legally binding under international human rights law, as affirmed later by the UN Human Rights Council, linking them explicitly to the International Covenant on Economic, Social and Cultural Rights (ICESCR) and other treaties.
This step strengthened the ability of individuals to hold governments accountable for violations of these rights, promoting their integration into national laws, policies, and practices and prompted further UN resolutions and global policy frameworks emphasizing the equal importance of the right to sanitation alongside water.
I.4.4 UN Resolution 68/157 (2013)
By this resolution, it was affirmed that the right to sanitation is distinct but linked to the right to water.
UN General Assembly Resolution 68/157, adopted on 18 December 2013 without a vote, recognizes the human right to safe drinking water and sanitation as legally binding under international law. It affirms that this right is derived from the right to an adequate standard of living and is closely linked to the rights to the highest attainable standard of physical and mental health, life, and human dignity. The resolution builds on earlier Human Rights Council resolutions and international human rights instruments like the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child.
The resolution also stresses the importance of international cooperation and technical assistance by States and specialized agencies to achieve this right [17]. It marks a significant consensus among all UN Member States on the legal status of the right to water and sanitation.
The Sustainable Development Goals (SDGs) under the 2030 Agenda for Sustainable Development (2015–present)
The Sustainable Development Goals (SDGs) are 17 global objectives established by the United Nations in 2015 to address urgent challenges like poverty, inequality, climate change, environmental degradation by 2030. Agreed upon by 193 countries, the SDGs provide a blueprint for a more equitable, healthy, and sustainable future for all.
The 2030 Agenda for Sustainable Development (SDG 6) aims to ensure universal access to clean water and sanitation by 2030, reinforcing these rights in global policy.
The goal aims, by 2030, to achieve universal and equitable access to safe and affordable drinking water for all, achieve access to adequate and equitable sanitation and hygiene for all and end open defecation, paying special attention to the needs of women and girls and those in vulnerable situations.
By 2030, the world targets to improve water quality by reducing pollution, eliminating dumping and minimizing release of hazardous chemicals and materials, halving the proportion of untreated wastewater and substantially increasing recycling and safe reuse globally, to, substantially increase water-use efficiency across all sectors and ensure sustainable withdrawals and supply of freshwater to address water scarcity and substantially reduce the number of people suffering from water scarcity.
Furthermore, the goal is to implement integrated water resources management at all levels, including through trans-boundary cooperation as appropriate, to protect and restore water-related ecosystems, including mountains, forests, wetlands, rivers, aquifers and lakes.
By 2030, the goal 6 is to expand international cooperation and capacity-building support to developing countries in water- and sanitation-related activities and program, including water harvesting, desalination, water efficiency, wastewater treatment, recycling and reuse technologies, to support and strengthen the participation of local communities in improving water and sanitation management.
II. Regional mechanisms of recognizing the access to safe drinking water and adequate sanitation as a human right.
The effort to recognize the right to water at the international level has been accompanied by certain legal mechanisms for implementation at the regional level.
II.1. In the African system for the protection of human rights.
The right to water became justiciary with the entry into force on 25 January 2004 of the Ouagadougou Protocol of 8 June 1998 establishing the African Court on Human and Peoples’ Rights.
If this court would be called upon to rule on the violation of all the rights included in the African Charter on Human and Peoples’ Rights, it would nevertheless have to overcome the difficulty of interpretation linked to the recognition not of an individual right, but of a collective right – since this charter presents and enshrines, in addition to human rights, those of the «community».
The «community», as a collective being, is therefore recognized by this text as a subject of fundamental rights. However, as Henri Leclerc rightly points out, «protecting communities that are discriminated against (in their access to water) obviously means restoring equality of rights in practice, it does not mean recognizing collective rights» [18]
This situation is largely explained by the fact that Africa is the only continent to have expressly enshrined it in several texts, including the Niger Basin Water Charter in its first paragraph 21, the African Convention for the Protection and Assistance of Internally Displaced Persons in Africa or Kampala Convention of 2009 in its article 7§5 c. These texts are not the only reference instruments for the right to water, since the African Charter on Human and Peoples’ Rights[1] also mentions it, albeit implicitly (Article 24).
II.2. In the inter-American framework.
A series of texts enshrine, through other rights, the right to water and sanitation.
The Protocol to the American Convention on Human Rights, which dates back to 17 November 1998 and entered into force in November 1999, recognizes, in its article 11, through the right to «access to basic services» – which must be understood as one of the aspects of the right to the environment – the right to water and sanitation.
The Protocol of San Salvador, which is an Additional Protocol to the American Convention on Human Rights, was adopted in San Salvador on 17 November 1988 at the eighteenth regular session of the General Assembly.
It also contains provisions that implicitly refer to the right to water (Articles 11 – on the right to a healthy environment – and 12 – on the right to food), but individuals are not entitled to refer themselves to the Inter-American Commission on Human Rights, which monitors the respect of the implementation of economic rights by states social and cultural issues.
These articles for the inter-American human rights system establish a close relationship between the environment and water and sanitation services.
II.3. The European system.
With regard to the pan-European system, water and food are nowhere to be found, even implicitly, in the European Convention on Human Rights (hereinafter ECHR) and its Additional Protocols.
This lack of recognition can be explained by the precedence of the protection of civil and political rights that the Member States favored over that of economic, social and cultural rights at the time of their drafting[19].
Nevertheless, the Water and Health Protocol[2], which has been regularly signed and ratified by many Councils of Europe member states, expressly mentions the right to safe drinking water and the right to sanitation as rights that States Parties must respect (Article 1).
II.4. In the Arab-Muslim system.
The Arab Charter on Human Rights[3], which is relatively recent, enshrines the right to water through the rights to life (art. 5) and health (art. 39), but also in the light of the rights to development and an adequate standard of living (arts. 37 and 38).
II.5. The Asian system.
The right to water and sanitation in Asia has gained recognition primarily through international and regional declarations and the most important is the 2012 ASEAN Human Rights Declaration making a huge milestone. However, Doctors Sam Geall and Mohamed Mova Al’afghani of Raoul Wallenberg Institute, in their article “The right to safe water in Southeast Asia”, published in 2021 in “Chinadialogue” affirm that legal incorporation and enforcement at the national level remain inconsistent, and practical realization of these rights is still a major challenge across the region[20].
General conclusion
The recognition of access to safe water and sanitation as fundamental human rights marks a significant milestone in the evolution of international law and global human rights protection. The journey toward this recognition has been shaped by decades of advocacy, legal development, and growing awareness of the centrality of water and sanitation to human dignity, health, and sustainable development.
In 2010, the United Nations General assembly adopted Resolution 64/292 explicitly acknowledging the right to safe and clean drinking water and sanitation as essential for the full enjoyment of life and all other human rights. This landmark decision built upon earlier international treaties, such as the international Covenant on Economic, Social and Cultural Rights, and was reinforced by subsequent Human rights Council resolutions that clarified the normative content and legal obligations of states.
Recognizing these rights in international law has shifted global perspectives: access to water and sanitation is no longer viewed as a matter of charity or policy discretion, but as a legal entitlement for all people without discrimination. This has empowered marginalized communities, guided national and international policy, and provided a framework for holding governments accountable for progressive realization and non-discrimination.
The recognition of the rights to water and sanitation inspired new policy initiatives, legal reforms, and global commitments, such as the Sustainable development Goals, even if achieving universal access requires sustained effort, resources, and political will.
References
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[3] UNICEF et WHO, Water, sanitation, waste and electricity services in health care facilities: progress on the fondamentals. 2023.
[4] United Nations, « Sustainable development goals report 2025 », 2025, 2025. Available on: https://un.org/sustainabledevelopment/water-and-sanitation
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[10] S. L. M. Jd, « The Human Right(s) to Water and Sanitation: History, Meaning, and the Controversy Over-Privatization », Open Access J., p. 59, 2013.
[11] M. Bayas, Water access and availability for our indigenous people,. 2024.
[12] UN Water, « Rights to water: global statistics ». World Water Council, 2023.
[13] K. B. Asit et C. Tortajada, « United Nations Water Conference: reflection and expectation », Int. J. Water Resour. Dev., p. 177‑183, 2023.
[14] A. K. Biswas, « From Mar del Plata to Kyoto: an analysis of global water policy dialogue », Glob. Environ. Change, vol. 14, p. 81‑88, janv. 2004, doi: 10.1016/j.gloenvcha.2003.11.003.
[15] M. Solanes, The Dublin principles for water as reflected in a comparative assessment of institutional and legal arrangements for integrated water resources management. Stockholm: Global Water Partnership, 1999.
[16] United Nations, « A/RES/64/292 ». 2010.
[17] UN, « Resolution 68/157-Human rights to safe drinking water and sanitation (A/RES/68/157) ». 2013.
[18] H. Leclerc, Droits individuels et droits collectif : comment les concilier ? Hommes et Libertés. 2008.
[19] J.-F. Renucci, Introduction Générale à la convention europeenne des droits de l’homme- Droits garantis et mécanismes de protection, Editions du conseil de l’Europe. 2015.
[20] M. Mova Al’Afghani et S. Geall, « The Right to Safe Water in Southeast Asia », Chinadialogue, 2021.
[1] The African Charter on Human and Peoples’ Rights is an international convention adopted by African countries within the framework of the Organization of African Unity. It was adopted on 27 June 1981 in Nairobi (Kenya) at the 18th Conference of the Organization of African Unity and entered into force on 21 October 1986 after ratification by 25 States
[2] In 1999, the international community decided to take action by adopting, at the Third Ministerial Conference on Environment and Health in London, the Protocol on Water and Health to the Convention on the Protection and Use of Transboundary Watercourses and International Lakes
[3] The Arab Charter on Human Rights, adopted in May 2004 in Tunis at the 16th Summit of the League of Arab States, entered into force on 15 March 2008
_____________________________________
Information about the author:
NIYONZIMA Dieudonné, PhD student, Department of International Law, RUDN university.
Информация об авторе:
Нийонзима Дьедонне, аспирант кафедры международного права РУДН.
Фото: hse.ru
