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The Human Rights-Based Approach To Freshwater Access Within Current International Human Rights Law

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Chapter Summary

In contrast to international water law, international human rights law a priori and by its nature is committed to the individual. The human rights-based approach to freshwater access is charged with a particular societal interest because water is essential for biodiversity and a functioning ecosystem. Many aspects of freshwater access during war or armed conflict are enclosed in the Geneva Conventions III and IV and the Additional Protocols I and II. According to Article 6 (1) International Covenant on Civil and Political Rights (ICCPR) the state is obliged to respect the right to life. Insufficient freshwater access not amounting to a threat to human life may still threaten the personal integrity of water users. Human rights contained in the International Covenant on Economic, Social and Cultural Rights (ICESCR) have a stronger welfare tone than those of the ICCPR.

Keywords: freshwater access; Geneva Conventions; human rights-based approach; ICCPR; ICESCR; international human rights law; international water law



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