The Role of National and International Tribunals in Protecting the Right to Fresh Water Access -Safe and Affordable(مقاله علمی وزارت علوم)
منبع:
مطالعات بین المللی سال ۲۰ پاییز ۱۴۰۲ شماره ۲ (پیاپی ۷۸)
207 - 234
حوزه های تخصصی:
The purpose of this paper is to depict the link between human right principles and access to fresh water, which are intertwined and more importantly fresh water access is an integral part of universal human rights. It aims to convey that the provision of fresh water to people needs to be covered by relevant judiciary system, so that it can protect people of any denial/ hindrance to fresh water access and in the case of violation, how they can find legal solution. Consequently, point out how legal venues can be used to address any violations or shortcomings in regard to provision of fresh water to people. The notion that the people are rights holders and governments are deemed as primary duty bearers to provide fresh water safely and affordable requires recognizing the legality of it by local, national or state. In the nutshell, provision of fresh water is not an advantage given to the people, but is the people’s right, albeit observing affordability and safely factors. Every local and national governing bodies has to consider managing the supply of fresh water as well as incorporate the enforcement clauses in their legal system. In case local/national legal system does not have the framework to address the issues regarding potential denial/dispute about supply of fresh water, the Regional Human Right Courts and other remedial mechanisms are another legal venue to ensure that laws are interpreted consistently according to international human rights within the framework of holistic consideration of people’s dignity and equality.