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The right to water and the Asian constitutions
Table of the Asian constitutions
Published: 9 years, 9 months ago (04/10/2011)
Updated: 6 years, 4 months ago (09/08/2014)
The following table provides an analyze of the recognition of the right to water and sanitation and related rights in the constitutions of the Asian countries. The last column deals with the vote on the Resolution 64/292 recognizing the human right to water adopted by the General Assembly of the United Nations on July 28, 2010.
This table was made by Florence Higuet.
Different resources have been used to define its content : the Waterlex Legal Database and the constitutions database of the University of Richmond.
Table of the Asian constitutions
| Country | Explicit recognition of the human right to water and sanitation | Recognition of other related human rights (rights to life, housing, health, food, healthy environment etc.) | Vote on Resolution 64/292 recognizing the human right to water and sanitation adopted by the UN GA on July 28, 2010 : yes/abstention/absent |
| Afghanistan | no Const. 2004 | art. 23: right to life art. 52: right to health | yes |
| Armenia | no Const. 1995 | art. 15: right to life art. 33.2: right to a healthy environment art. 34: right to a standard of living adequate, including housing | abstention |
| Azerbaijan | no Const. 1995 | arrt. 27: right to life art. 39: right to a healthy environment art. 41: right to health art. 43: right to housing | co-author |
| Bahrain | no Const. 2002 | art. 18: respect of human dignity | co-authhor |
| Bangladesh | no Const. 1972 | art. 15: basic necessities"Provision of basic necessities. It shall be a fundamental responsibility of the State to attain, through planned economic growth, a constant increase of productive forces and a steady improvement in the material and cultural standard of living of the people, with a view to securing to its citizens- (a) the provision of the basic necessities of life, including food, clothing, shelter, education and medical care;" art. 32: right to life | co-author |
| Bhutan | no Const. 2008 | art. 5 (1): citizen environment protection art. 21 : state health protection | yes |
| Burma | no Const. 2008 | arts 45 and 390 (b): state and citizen environment protection art. 367: right to health | yes |
| Brunei | no Const. 1959 | yes | |
| Cambodia | no Const. 1993 | art. 32: right to life art. 559: state environment protection | yes |
| China | no Const. 1982 | art. 21: state protection of health art. 26: state protection of the environment | yes |
| East Timor | no Const. 2002 | art. 29: right to life art. 57: right to health art. 58: right to housing art. 61: right to a healthy environment | co-author |
| Georgia | no Const. 1995 | art. 15 : right to life art. 37 (1) and (3): right to health and a healthy environment | co-author |
| India | no Const. 1949 | art. 21: right to life Part IV, Directives Principles of State Policy art. 47: duty of the State to raise the level of nutrition and the standard of living and to improve public health. art. 48a: state environment protection | yes |
| Indonesia | no Const. 1949 | art. 28a : right to life art. 28c: right to development ("Every person has the right to develop him/herself through the fulfilment of his/her basic needs (...).") art. 28h (1): right to a healthy environment, housing and health | yes |
| Iran | no Const. 1979 | art. 22: inviolability of life and dignity art. 29: right to social security, including health art. 31: right to housing art. 43 : "The economy of the Islamic Republic of Iran (...) is based on the following criteria: art. 50: right to a healthy environment | yes |
| Iraq | no Const. 2005 | art. 15: right to life art. 31: right to health art. 30 (1): "The State shall guarantee to the individual and the family - especially children and women – social and health security, the basic requirements for living a free and decent life, and shall secure for them suitable income and appropriate housing." art. 33: right to a healthy environment | yes |
| Israel | no Const. = different constitutional document as the Basic laws | Basic law - human dignity and liberty | abstention |
| Japan | no Const. 1946 | art. 13 : right to life and to the pursuit of happiness art. 25 : right to an adequate standard of living ("All people shall have the right to maintain the minimum standards of wholesome and cultured living. In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.) | abstention (comment*) |
| Jordan | no Const. 1952 | yes | |
| Kazakhstan | no Const. 1995 | art. 15: right to life art. 29: right to health arts 31 and 38: state and citizen environment protection | abstention |
| Kyrgyzstan | no Const. 2010 | art. 21: right to life art. 46: right to housing art. 47: right to health art. 48: right to a healthy environment | yes |
| Kuwait | no Const. 1962 | yes | |
| Laos | no Const. 1991 | art. 19: citizen environment protection art. 25: state health protection | yes |
| Lebanon | no Const. 1926 | yes | |
| Malaysia | no Const. 1957 | yes | |
| Maldives | yes Const. 2008, art. 23: "Economic and social rights. | art. 21: right to life arts 22 and 67 (h): state and citizen environment protection art. 23: right to food, housing, health and a healthy environment ("Every citizen has the following rights (...):
to means of communication, the State media, transportation facilities, and the natural resources of the country; (g) the establishment of an electricity system of a reasonably adequate standard on every inhabited island that is commensurate to that island.") | co-author |
| Mongolia | no Const. 1992 | art. 16 - Citizen'rights: 1) right to life 2) right to a healthy environment 6) right to health | yes |
| Nepal | no Interim const. 2007 (commission working for a permanent const.) | art. 12 (1): right to life 16 (1) and (2): right to a healthy environment and health art. 18 (3): right to food art. 33 (h): right to housing ("Responsibilities of the State: The State shall have the follows responsibilities: (h) To pursue a policy of establishing the rights of all citizens to education, health, housing, employment and food sovereignty.") | yes |
| North Korea | no Const. 1998 | art. 57: state environment protection | yes |
| Oman | no Const. 1996 | yes | |
| Pakistan | no Const. 1973 | yes (comment*) | |
| Palestine | no Const. 2003 | art. 23: right to housing art. 33: right to a healthy environment | (comment*) |
| Philippines | no Const.1987 | art. 2 - Declaration of principles and state policies : section 15: right to health section 16: right to a healthy environment art. 3 - Bill of rights: section 1: right to life art. 15 - The Family: section 3 (2): right to food of children | absent (a posteriori: yes) |
| Qatar | no Const. 2004 | art. 33: state environment protection | yes |
| Saudi Arabia | no Const. 1992 | art. 31: state health protection art. 32: state environment protection | co-author |
| Singapore | no Const. 1965 | yes (comment*) | |
| South Korea | no Const. 1948 | arts 10 and 34 (1): respect of dignity, human worth and welfare, and right to pursue happiness art. 35: right to a healthy environment, including housing art. 36 (3): state health protection | abstention |
| Sri Lanka | no Const. 1978 | Directive Principles of State Policy and Fundamental Duties art. 27 (14): state environment protection | co-author |
| Syria | no Const. 2012 | art. 22 (2): state health protection art. 27: state and citizen environment protection | absent |
| Tajikistan | no Const. 1994 | art. 18: right to life art. 38: right to health art. 44: citizen environment protection | yes |
| Thailand | no Const. 2007 | art. 51: right to health and welfare arts 66-67: community rights to participate in the management and preservation of the environment art. 85: state environment protection | yes |
| Turkmenistan | no Const. 1972 | art. 22: right to life art. 35: right to health art. 36: right to a healthy environment | absent |
| Turkey | no Const. 1982 | art. 17: right to life art. 56: right to a healthy environment art. 57: right to housing | abstention (comment*) |
| United Arab Emirates | no Const. 1971 | art. 19: health protection | yes |
| Uzbekistan | no Const. 1992 | art. 24: right to existence art. 40: right to health arts 50 and 55: state and citizen environment protection | absent |
| Vietnam | no Const. 1992 | art. 29: state and citizen environment protection art. 61: health protection art. 71: life and health protection | yes |
| Yemen | no const. 1991 (draft const. under discussion) | art. 55: right to health | co-author (comment*) |
*You can find each State comment during the vote on the Resolution 64/292 at point 48 (p. 4) of the Official meeting Records A/64/PV.108 of the plenary meeting of the General Assembly of the United Nations of July, 28, 2010.
