The human rights dimension to the provision of water services

Abstract

Water is the most vital resource on the planet. Water resources are however constantly challenged. Many water resources are used unsustainably and the state of the aquatic environment is declining. Climate change imposes increasing pressure. Rapid population growth has implications for various water uses like food and energy production. Conflicts between different water uses and users are increasing. Inequity in access to basic water and sanitation services is still very much present. Against this background a human right to water has started to emerge. A human right to water has gained much attention over the past years, especially since it was recognized in 2010 by the United Nations General Assembly and the Human Rights Council. The increased awareness of the fundamental importance of this resource has raised controversy over the suitability of some of the existing governance processes dealing with these challenges, both internationally as well as within the European Union. The question at the heart of this research is to what extent how to operate water services would have consequence on the state obligation to realize the human right to water. The current debate over the provision of water services is to a large extent dominated by questions regarding participation of the private sector in the provision of water services. This dissertation will address this debate from a human rights perspective. It will explore a host of challenging issues that the provision of water services entails, and will particularly focus on private sector participation in the delivery of water supply through a municipal network. The first chapter will address the emergence of a human right to water in international law. It aims to develop and understanding as to the position of a human right in international law, its content, the obligations it may entail, and address some of its shortcomings. The first chapter will provide the necessary understanding to be able to address the provision of water services from a human rights perspective, in both the global and the European context. The second chapter will explore the human rights dimension to the provision of water services in a global context. It will address the debate of private sector participation in the provision of water services and aims in particular to discern which consequences private sector participation may entail for states in light of their obligation to realize the human right to water. This chapter will particularly focus on private sector participation in a transnational context. The third chapter will analyze the human rights dimension to the provision of water services at the regional level of the European Union. It will develop an understanding as to how the human rights dimension to the provision of water services in the European context must be understood in its relation to the international context. It will analyze the approach of the European Union in protecting a right to water and provide a comparative analysis between two of its member states. This comparative analysis will give an insight as to how member states can realize a human right to water within the framework of European Law and provide the necessary link to address the debate of the human rights dimension in respect of the provision of water services and the internal market in its final part. The dissertation will subsequently provide concluding remarks.