The International and National Legal Framework on the Human Right to Water

Ayana, Ifa kenea (2014) The International and National Legal Framework on the Human Right to Water. Masters thesis, Addis Ababa University.

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Abstract

The right to water is one of the fundamental human rights and it is a road map for the realization of other human rights. It is a recently evolved area of human rights. No international bill of human rights that has explicitly recognized the right to water. The non-explicit recognition of the human right to water does not mean that there is no human right to water in contemporary human rights law because it is supported by the declarations and states practice. However, there is no adequate legal framework in this regard. In similar vein, gradually it was recognized as an international issue, the lack of sufficient access and availability of water necessitates that action would be a driving force in regards to both recognizing the existence of the human right to water and defining its content. First and foremost an explicit and full recognition of the human right to water is required in order to enable individuals and communities to claim their right to water needs and to impose on states the obligations to supply the minimum quantity and quality of water for all. Arguably, therefore, the justiciability of the human right to water will explore with due attention to local legal framework through direct and indirect approach. Then issues affecting the realization of the human right to water and the subsequent failure to implement in Ethiopia are also discussed through qualitative methods of data collection with some interviews. Finally, the thesis wrap up that the human right to water is in no way aspirational, but rather imposes real obligations on states, for which they will be subjected to international and national accountability. So, the incorporation of the human right to water in the domestic Constitution can be justified not only from the perspective of enforcing human rights but also for ongoing sustainable development. It is recommend that implementing the human right to water will often require a review of states legislation and policy related to its services regulation; overall it is management and citizen’s complaints institutions.

Item Type: Thesis (Masters)
Uncontrolled Keywords: Federal Democratic Republic of Ethiopian (FDRE), International Covenant on Economic Social and Cultural Rights (ICESCR), the right to water
Subjects: K Law > K Law (General)
Divisions: Africana
Depositing User: Emmanuel Ndorimana
Date Deposited: 06 Sep 2018 14:06
Last Modified: 06 Sep 2018 14:06
URI: http://thesisbank.jhia.ac.ke/id/eprint/4964

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