Re-conceptualizing the human right to water: A pledge for a hybrid approach

Abstract

This article develops and discusses an altered conceptualization of the human right to water. Previously the right has been seen as derived from Article 11 of the International Covenant on Economic, Social and Cultural Rights and considered not to be part of international custom. The article's alternative conceptualization builds upon and alters these two existing assumptions. It conceptualizes the right on the one hand as a right derived from several (rather than one) treaty-based rights. On the other hand, it refutes the widespread assumption that the right is not part of international custom. It will be argued that the right to water's multi-faceted nature (relating to several civil-political and socio-economic rights such as life, health and an adequate standard of living) and its consideration under flexible approaches to the notion of custom support these conclusions. Taken together, the suggested 'hybrid' conceptualization offers several advantages in securing the right's practical implementation.