The human right to water

Water is foundational to life on this planet, and increasingly, we cannot take it for granted. Ensuring access to clean, safe water has been recognised internationally as a basic human right, and here in Australia, we need to start thinking of it as such in how our communities and marketplace move forward.

Robyn Tongol • 10 June 2022 • Podcast

On this episode of The Lawyers Weekly Show, host Jerome Doraisamy is joined by University of Canberra Law School senior lecturer Dr Cristy Clark to discuss what is meant by the idea of water being a basic human right, how and when it was recognised as such by the United Nations, when the human right to air may be acknowledged, and the legal implications of recognising water as a human right, particularly against the backdrop of climate concerns.

Dr Clark also outlines the state of affairs in Australia in recognising water as a human right, the level of consciousness that Australians have about some of the dire consequences of lack of access to water across the country, what can be done by lawyers and non-lawyers alike, and why this is such an important legal, social and environmental issue for our nation moving forward.

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Anonymous Monday, 20 June 2022

Access to water is a need and one in respect of which a person has a legitimate expectation when water is available. However, it is not a human right any more than is access to food, air, building materials, textiles (for clothing) or any other matter that a person requires to survive. Rights are negative, not positive. If I have legitimately obtained water I have a right not to have it taken off me. The converse is not the case. I may, for example, have chosen to devote my time to acquiring gold coins. I do not have the right, in addition to that misuse of my time, to expect somebody else to supply me with water without cost to me. Of course, any civilised society will ensure that all members have reasonable access to water. But that is a different question. Characterising anything that a person needs as a human right devalues legitimate human rights which are at heart the right to go about one’s business without unreasonable inhibition from third parties.

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Anonymous Saturday, 18 June 2022

Oh yes, you can have your human right to water at $5 per kl when you have paid for the dams to store it already and the cost is 10 cents per kl. When can I buy into a rapacious water monopoly? We were better off when we had no human right to water but just got it provided cheaply out of our rates.

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