Premium
Bringing the right to water into the spotlight: A civil right before the European Court of Human Rights?
Author(s) -
Keller Helen,
Hefti Angela
Publication year - 2022
Publication title -
review of european, comparative and international environmental law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 18
eISSN - 2050-0394
pISSN - 2050-0386
DOI - 10.1111/reel.12429
Subject(s) - human rights , enforcement , law , political science , subject (documents) , margin (machine learning) , exclusive right , margin of appreciation , fundamental rights , computer science , intellectual property , machine learning , library science
This article evaluates the European Court of Human Rights (ECtHR) approach to the right to water, drawing on three key aspects characterizing a minimum core right to water: quality, availability and accessibility. The article argues that the right to water should be seen as a civil right, which can be directly enforced by the ECtHR, rather than being adjudicated as a programmatic right subject to a wide margin of appreciation. Currently, the Court pursues two tracks in water‐related cases. On the one hand, it considers the right to water as a right that should be realized progressively and is subject to a wide margin of appreciation. On the other hand, in relation to prisoner and asylum seekers' rights, the Court has recognized that limited access to water can constitute ill treatment contrary to Article 3. Finally, the right to water faces obstacles to its adequate enforcement before the Court as litigants must show that they are victims of water‐related damage and they suffer individually.