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States recognizing the right to water in their constitution
Table of the constitutions of the world recognizing the right to water
Published: 7 years, 8 months ago (06/28/2013)
Updated: 6 years, 3 months ago (11/16/2014)
This table was made by Florence Higuet on the basis of the continental tables that are available on RAMPEDRE under
"Concrétisation", "Approche territoriale", "Nationale", "Continent name", "Legislation summary".
For more informations on the recognition of the right to water and other related rights in the constitution of all the countries of the world,
see those continental tables.
Table of the constitutions of the world recognizing the right to water
Country | Explicit recognition of the human right to water and sanitation | 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 |
Africa | ||
Democratic Republic of Congo | yes Const. 2006, art. 48: "(...) the right of access to drinking water (...) are guaranteed." | yes |
Egypt | yes Const. 2012, art. 68: "(...) clean water (...) are guaranteed rights." | yes (comment*) |
Kenya | yes Const. 2010, art. 43: "(1) Every person has the right | abstention |
Morocco | yes Const. 2011, art. 31: "The state, public institutions and local authorities work to mobilize all means available to facilitate equal access for the citizens to the conditions allowing them to enjoy the rights: (...) to access to water and a healthy environment, [and] sustainable development (unofficial translation)" | yes |
Niger | yes Const. 2010, art. 12: "Everyone has the right to life, health, physical and moral integrity, to healthy and sufficient food, to drinking water, education and instruction under the conditions defined by the law." | yes |
Somalia | yes Provisional Const. 2012 (have to be adopted by a new elected parliament), art. 27: "Economic and social rights - (1) Every person has the right to clean potable water." | yes |
South Africa | yes Const. 1996, art. 27-1: "(1)Everyone has the right to have access to (…) b) sufficient food and water;" | |
Tunisia | in process Const. 1959 in suspension and new Const. being adopted Both the second constitutional draft of December 2012 (art. 34) and the third constitutional draft of April 2013 (art. 39) refer to the human right to water. | yes |
Uganda | yes Const. 1995, National Objectives and Directive Principles of State Policy : "XIV General social and economic objectives:The State shall endeavour to fulfil the fundamental rights of all Ugandans to social justice and economic development and shall, in particular, ensure thata) (...)b) all Ugandans enjoy rights and opportunities and access to education, health services, clean and safe water, work, decent shelter, adequate clothing, food security and pension and retirement benefits. | absent |
Zimbabwe | yes Const. 2013 (referendum March 2013), art. 77: "Every person has the right to: | yes |
America | ||
Bolivia | yes Const. 2009, art. 16.1: "Every person has the right to water and food.(unofficial translation)"See also arts. 20.1, 20.3, 309.2, 373.1 and 374.1, .2, .3 | author (comment*) |
Ecuador | yes Const. 2008 (referendum), art. 12: "The human right to water is essential and cannot be waived. Water constitutes a strategic national heritage for use by the public and it is unalienable, not subject to a statute of limitations, immune from seizure and essential for life. (unofficial translation)"See also arts 3, 32, 66, 318 and 411 | co-author |
Mexico | yes Const. 1917 amended in 2012, art. 4, §7: "Everyone has the right to the access, the availability and the sanitation of water for a suffisient, safe, acceptable and affordable personal and domestic consumption. (...) (unofficial translation)" | yes |
Nicaragua | yes Const. 2005, art. 105: "The State shall promote, facilitate and regulate the provision of basic public services of energy, communication, water, transport, road infrastructure, ports and airports to the population, and the access to them is also an inalienable right. (unofficial translation)" | co-author (comment*) |
Uruguay | yes Const. 1967 amended in 2004 (referendum), art. 47: "Water is a natural resource essential for life. Access to drinking water and access to sanitation are fundamental human rights.(unofficial translation)" | o-author |
Asia | ||
Maldives | yes Const. 2008, art. 23: "Economic and social rights. | co-author |
Europe | ||
No European country recognizes the right to water in its constitution. | ||
Oceania | ||
Fiji | maybe, absent from Const. 1997, but present in Draft constitution 2013, which is currently under discussion art. 32: "Right to housing and sanitation :art. 33: "Right to adequate food and water : | co-author |
* 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.