Jonah Patel
Slovenia is the first European Union country to amend its constitution and declare water a fundamental human right. The country's parliament adopted an amendment declaring that the country's abundant clean water supplies are a public good managed by the state and not a market commodity. The amendment was passed with 64 votes in favour and none against, adding an article to the constitution stating that everyone has the right to drinkable water. While Slovenia is the first EU country to take this step, it is worth noting that 15 other countries across the world had already recognized water as a human right, and the United Nations General Assembly voted in 2010 to recognize the right to safe and clean drinking water as a human right.
| Characteristics | Values |
|---|---|
| Country | Slovenia |
| Country Type | EU country |
| Amendment | Access to drinkable water is a fundamental right for all citizens |
| Year | 2016 |
| Voting Outcome | 64 votes in favour, none against |
| Number of Seats in Parliament | 90 |
| Number of Countries with Similar Amendments | 15 |
| Estimated People Living in Water-Stressed Areas by 2025 | Half of the world's population |
| UN Recognition | The right to safe and clean drinking water as a human right |
| Year of UN Recognition | 2010 |
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What You'll Learn
Slovenia amends constitution to declare water a human right
Slovenia has amended its constitution to declare water a fundamental human right for all its citizens, becoming the first European Union country to do so. The amendment, passed with 64 votes in favour and none against in the country's 90-seat parliament, states that "everyone has the right to drinkable water". This move ensures that access to water is not commercialised and is protected from exploitation by foreign countries and international corporations.
Slovenia's Prime Minister, Miro Cerar, emphasised the importance of this amendment, calling clean drinking water "the 21st century's liquid gold". He urged lawmakers to safeguard the nation's water resources, highlighting the high quality and value of Slovenian water. This amendment aligns with Slovenia's recognition as a leader in environmental sustainability, previously declared the world's first green destination country and its capital, Ljubljana, the 2016 European Green Capital.
By enshrining the right to water in its constitution, Slovenia has taken a proactive approach to water security, recognising the increasing pressure on water sources globally. The World Health Organization (WHO) underscores the critical importance of water, stating that "water is essential for life". It is estimated that by 2025, half of the world's population will reside in water-stressed areas, underscoring the urgency of proactive measures such as those taken by Slovenia.
The United Nations General Assembly recognised "the right to safe and clean drinking water as a human right" in 2010. This resolution acknowledged that clean drinking water is "essential to the full enjoyment of life and all other human rights". While this declaration was a significant step forward, it did not apply to Americans, as the United States abstained from the vote.
Slovenia's constitutional amendment ensures that its abundant clean water supplies are managed by the state and are accessible to all its citizens. This amendment sets a precedent for other countries to follow suit and recognise access to water as a fundamental human right, taking proactive steps to protect this vital resource.
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The US abstains from UN vote
In 2010, the United Nations General Assembly voted to recognize "the right to safe and clean drinking water as a human right." This resolution was passed with 122 votes in favour, none against, and 41 abstentions. The United States was one of the countries that abstained from the vote, along with 40 others.
The US representative expressed regret that the text had diverted the Assembly from serious international efforts to promote coordination on water and sanitation issues. They argued that the text had not been drafted in a transparent and inclusive manner, and that the legal implications of declaring water a human right had not been fully considered. The US also asserted that water and sanitation are not human rights, and that the resolution attempted to take a shortcut around the work of formulating, articulating, and upholding universal rights.
Despite the US's abstention from the UN vote, there have been efforts within the country to recognize the human right to water. California was the first US state to recognize this right in 2012, and New York recently voted to incorporate it into its state constitution. Additionally, over 200 organizations in the US support the right to water, and there are lawmakers working to recognize it at the federal level.
However, the US's failure to recognize water as a human right has been connected to various problems, including the climate emergency, failing infrastructure, and racial and economic injustice. The privatization of utilities and corporate greed have also been criticized for putting profits before public interest and contributing to skyrocketing prices of necessities.
The US's stance on water as a human right is not an isolated case. The country has also stood aside from other international efforts related to water and the environment. For example, the Biden administration opposed the UN Human Rights Council's resolution recognizing the right to a healthy environment and has not prepared the comprehensive Voluntary National Review expected as part of the global dialogue on sustainability goals.
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Water affordability and accessibility
Despite the United Nations General Assembly recognizing in 2010 that "the right to safe and clean drinking water is a human right," the United States has not formally acknowledged this. However, California has taken a step towards this recognition, with the California Water Code declaring that "every human being has the right to safe, clean, affordable, and accessible water." Nevertheless, the code falls short of mandating the government to provide water.
While the US has not formally recognized the human right to water, certain states' constitutional rights support this notion. For instance, Montana's state constitution includes a right to individual dignity, which implies a responsibility for the state to protect its citizens from discrimination. Abigail R. Brown, a practitioner, argues that Montana's constitutional rights and environmental protections could pave the way for recognizing the human right to water at the state level.
Water affordability is a pressing issue in the United States, with many Americans struggling to pay for water services. The COVID-19 pandemic exacerbated this problem, as widespread unemployment and shutdowns impacted Americans' ability to afford water. As of January 2021, 1 in 8 households in California had water debt, translating to approximately 1.6 million households across the state. This issue is not unique to California, as water systems across the nation are dealing with similar financial distress due to unpaid household bills.
The financial health of utilities is closely tied to the ability of their customers to pay their bills. Utilities rely on revenue from customers, including households, to maintain operations, infrastructure, and more. When households cannot pay their water bills, utilities experience financial strain, highlighting the interconnectedness of the issue.
To address water affordability challenges, the Environmental Protection Agency (EPA) has been working to implement various strategies and recommendations. The EPA offers Water Technical Assistance (WaterTA) to utilities, helping them build financial, technical, and managerial capacity, including analyzing water rates. Additionally, the EPA has published reports such as the Water Affordability Needs Assessment Report, which evaluates the prevalence of households lacking access to affordable water services and suggests potential solutions. The EPA also emphasizes the importance of household-level water affordability analyses, utilizing individual household income data or community-level metrics like Lowest Quintile Income (LQI) when necessary.
While the US has not formally recognized the human right to water, certain states' constitutional rights and the efforts of organizations like the EPA reflect a growing awareness of water affordability and accessibility issues.
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Water as a basic human right
Water is essential for life, and access to it is a fundamental human right supported implicitly and explicitly by international law, declarations, and state practices. The United Nations General Assembly voted in 2010 to recognize the right to safe and clean drinking water as a human right. This resolution acknowledged that every human being has the right to access sufficient water for personal and domestic use, and that clean drinking water is essential for the full enjoyment of life and other human rights.
However, the UN declaration does not apply to Americans, as the United States abstained from the vote. While the US Code mentions water thousands of times, it does not state that water is a human right. Interestingly, the California Water Code declares that "every human being has the right to safe, clean, affordable, and accessible water," but the government is not obligated to provide it.
Despite not being a federal law in the United States, some states are taking steps to recognize the human right to water. For example, practitioners have argued that Montana's constitutional rights support the recognition of this right, as the state's constitution includes a right to individual dignity, creating an obligation to protect individuals from discrimination. Additionally, Slovenia has become the first European Union country to amend its constitution and explicitly declare water a fundamental human right for all its citizens. This amendment ensures that Slovenia's abundant clean water supplies are managed by the state and are not commercialized.
The recognition of water as a human right is a complex issue that involves international law, national constitutions, and local regulations. It is important to note that the realization of this right may vary depending on a country's resources and infrastructure. Nonetheless, the trend towards recognizing water as a human right reflects a growing global awareness of the critical importance of access to safe and clean water for all.
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Water rights in US states
Water rights in the United States are a complex issue, with a variety of factors influencing the way water is managed and governed. Water law in the US can be broadly divided into two areas: rights to use water and restrictions on polluting water. The balance between public and private rights to use water is a key consideration, as is the interplay of state and federal regulations.
The United States has not formally recognised the human right to water, and it was one of 41 countries that abstained from a UN vote in 2010 to recognise access to water as a human right. However, at the state level, there have been efforts to acknowledge water as a human right. For example, the California Water Code declares that "every human being has the right to safe, clean, affordable, and accessible water". Nevertheless, the code also specifies that the government does not have to provide the water, creating a caveat to this right. Additionally, practitioners like Abigail R. Brown have argued that Montana's constitutional rights, which include an explicit right to individual dignity, could support the recognition of a human right to water at the state level.
Historically, the settlement of the western United States was influenced by the pursuit of economic advancement and access to water supplies. As a result, the allocation of water rights in the western states is largely governed by the "prior appropriation" doctrine, also known as "first in time, first in right." This system gives vested rights to individuals who first appropriate water and put it to beneficial use, such as irrigated agriculture, mining, and domestic uses. On the other hand, the eastern states, influenced by English common law, follow the riparian doctrine, which permits anyone whose land borders a body of water to use it.
Today, agriculture is a major user of water in the United States, accounting for a significant percentage of the nation's consumptive water use. The management of water resources and the allocation of water rights can be challenging, as states must balance the competing interests of various water users, including agriculture, municipalities, industry, recreational users, and conservationists. State statutes and regulatory schemes play a crucial role in governing specific water uses, such as transfers between watersheds and groundwater withdrawal.
Water rights also intersect with property rights. The presence of water on private property can significantly affect its value, and disputes over water rights can arise between private parties. Additionally, when the government takes private property with associated water rights, it must consider the limits of private rights and public rights to water.
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Frequently asked questions
Slovenia was the first European Union country to amend its constitution to declare water a human right.
Slovenia amended its constitution to declare water a human right in 2016.
15 other countries across the world have declared water a human right, including South Africa and Tanzania. In 2010, 122 countries formally acknowledged the "Human Right to Water and Sanitation" in a UN General Assembly resolution.
