The right to water as a social fundamental right

Abstract

In our study we would primarily like to introduce the interpretation of the European Pillar of Social Rights (hereinafter ‘the Social Pillar’). Article 20 of the Social Pillar deals with the right to access basic services. Basic services include the right to water and sanitation. The quoted article of the Pillar highlights that people in need should be supported in the access of these services. The Social Pillar defines the access right in the framework of social protection and social inclusion. In our opinion, this aligns a new interpretation of the right to water nearby the earlier ones which recognises the right to water not just as a fundamental right, but a social fundamental right as well. The characteristic of social fundamental rights is that they are not included in the orders of the ius cogens, but they protect so essential things that are connected closely to the right to life and to subsistence in general. This statement can be valid to the definition of right to water. If we analyse the classical social rights more precisely, we will have similar conclusions. This interpretation is reflected by Article XX of the Fundamental Law as well. The access to drinking water is highlighted as an important element of the right to physical and mental health. We can see that this element itself is not enforceable, but it also connects to the right to physical and mental health, and indirectly to the right to social security and the right to life. Drinking water is a very important matter from the aspect of human life.