Bringing the right to water into the spotlight: A civil right before the European Court of Human Rights?

ABSTRACT

This article evaluates the European Court of Human Rights (ECtHR) approach to the right to water, drawing on three key aspects characterizing a minimum core right to water quality, availability and accessibility. The article argues that the right to water should be seen as a civil right, which can be directly enforced by the ECtHR, rather than being adjudicated as a programmatic right subject to a wide margin of appreciation. Currently, the Court pursues two tracks in water‐related cases. On the one hand, it considers the right to water as a right that should be realized progressively and is subject to a wide margin of appreciation. On the other hand, in relation to prisoner and asylum seekers' rights, the Court has recognized that limited access to water can constitute ill treatment contrary to Article 3. Finally, the right to water faces obstacles to its adequate enforcement before the Court as litigants must show that they are victims of water‐related damage and they suffer individually. [ FROM AUTHOR] Copyright of Review of European Comparative & International Environmental Law is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full . (Copyright applies to all s.)