constitutes a gross violation of human rights, in particular the right to adequate housing”.221
The African Commission on Human and Peoples’ Rights has ruled that “forced evictions
and destruction of housing […] amounts to cruel, inhuman and degrading treatment or
punishment” under art. 5 of the Banjul Charter222 and, more recently, Colombia’s 1991
Constitution223 (art. 51) and South Africa’s 1996 Constitution224 (art. 26) both enshrined a
right to housing, the respect of which is manifestly incompatible with forced evictions.
Right to Water
The right to water is enshrined in a number of core international human rights instruments,
including the CEDAW, CRPD and CRC.225 The CESCR has also recognized the right to
water as implicitly protected under Article 11: “The right to water clearly falls within the
category of guarantees essential for securing an adequate standard of living, particularly since
it is one of the most fundamental conditions for survival.”226 The CESCR has concluded that
the right to water is closely related to other Covenant rights, finding that water “is necessary
to produce food (right to adequate food) and ensure environmental hygiene (right to
health)” and “is essential for securing livelihoods (right to gain a living by work) and
enjoying certain cultural practices (right to take part in cultural life).”227
According to the CESCR, the right to water “entitles everyone to sufficient, safe, acceptable,
physically accessible and affordable water for personal and domestic uses.”228 It also
encompasses freedoms, including “the right to maintain access to existing water supplies
necessary for the right to water, and the right to be free from interference, such as the right
to be free from arbitrary disconnections or contamination of water supplies,” and
entitlements, including “the right to a system of water supply and management that provides
equality of opportunity for people to enjoy the right to water.”229
Notion of Adequacy of Water230
Availability
Quality
Accessibility
“The water supply for each person must be sufficient and continuous for personal and
domestic uses. These uses ordinarily include drinking, personal sanitation, washing of clothes,
food preparation, personal and household hygiene. The quantity of water available for each
231
person should correspond to World Health Organization (WHO) guidelines.
Some
individuals and groups may also require additional water due to health, climate, and work
conditions.”
“The water required for each personal or domestic use must be safe, therefore free from
micro-organisms, chemical substances and radiological hazards that constitute a threat to a
person’s health. Furthermore, water should be of an acceptable colour, odour and taste for
each personal or domestic use.”
Physical
“water, and adequate water facilities and services, must be within safe
Accessibility
physical reach for all sections of the population.”
Economic
“Water, and water facilities and services, must be affordable for all.”
Accessibility
Non“Water and water facilities and services must be accessible to all, including
Discrimination the most vulnerable or marginalized sections of the population, in law and
in fact, without discrimination on any of the prohibited grounds;”
Information
“accessibility includes the right to seek, receive and impart information
Accessibility
concerning water issues.”
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