scholarly journals Constitutionalising the Right to Water in Kenya and Slovenia: Domestic Drivers, Opportunity Structures, and Transnational Norm Entrepreneurs

Water ◽  
2021 ◽  
Vol 13 (24) ◽  
pp. 3548
Author(s):  
Mathea Loen ◽  
Siri Gloppen
Keyword(s):  
National Level ◽  
Human Right ◽  
Water And Sanitation ◽  
International Norm ◽  
Norm Diffusion ◽  
Opportunity Structures ◽  
Transnational Actors ◽  
Political Opportunity Structures ◽  
Constitutional Right ◽  
The Right

The international norm development that in 2010 culminated with the UN Resolution on the Human Right to Water and Sanitation changed international law. To what extent did this influence the parallel legal developments evident in many national constitutions across the globe? This article analyses the mobilisation for a constitutional right to water and sanitation in Kenya and Slovenia, identifying the main national and transnational actors involved and assessing their significance for the processes of constitutionalising the right. By analysing two very different cases, tracing their constitutionalisation processes through analysis of archival material, the article provides multifaceted insights into processes of norm diffusion from international norm entrepreneurs to the national level and the agency of domestic actors and their opportunity structures. We find that although the outcomes of the processes in Kenya and Slovenia are similar in that both constitutions contain articles securing the right to water, the framing of the right differs. Furthermore, we conclude that while there is involvement of international actors in both cases, domestic pro-water activists and their normative and political opportunity structures are more important for understanding the successful constitutionalisation of the right to water and differences in the framing of the right.

Water for Life

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Citizen Participation ◽  
Urban Areas ◽  
Water Policy ◽  
State Capacity ◽  
National Level ◽  
Human Right ◽  
Political Will ◽  
Water And Sanitation ◽  
The Right

Chapter 5 provides a case study of the human rights-based approach to water policy through an analysis of the Bolivian government’s attempts to implement the human right to water and sanitation. It explores these efforts at the local and national level, through changes to investments, institutions, and policies. The analysis reveals that while Bolivia meets the minimum standard for the human right to water and sanitation in some urban areas, access to quality water is low in poor and marginalized communities. While the Bolivian government expresses a strong political will for a human rights approach and is increasing state capacity to fulfill rights, the broader criteria for the right to water and sanitation, including citizen participation and democratic decision-making, remain largely unfulfilled. This case suggests political will and state capacity might be necessary but are not sufficient to fulfill the human right to water and sanitation broadly defined.

scholarly journals Transnational Relations and Activism in International Relations: Debates and Consensus in Literature

2020 ◽  
Vol 22 (1) ◽  
pp. 142
Author(s):  
Ani W. Soetjipto ◽  
Arivia Tri Dara Yuliestiana
Keyword(s):  
Civil Society ◽  
International Relations ◽  
Transnational Activism ◽  
Transnational Advocacy ◽  
Political Opportunity ◽  
Transnational Relations ◽  
Norm Diffusion ◽  
Opportunity Structures ◽  
Political Opportunity Structures

This article explores the concepts of transnational relations and activism in the study of International Relations, specifically the role of civil society in transnational advocacy. It is fascinating to discuss the role of civil society when state actors are no longer the most prominent actors in International Relations studies in the midst of globalisation. Some articles related to transnational relations have been written by the scholars of International Relations such as Thomas Risse-Kappen (1995). Even so, one of the most sophisticated concepts of transnational activism was introduced by Margaret Keck and Kathryn Sikkink (1998), in Activists Beyond Borders: Advocacy Networks in International Politics. In order to fully understand transnational activism in the study of International Relations, a divergent perspective can be applied. In this article, the authors aim to examine the recent debates and its counternarratives in International Relations through critical and constructivism lenses. Firstly, this article would describe the concepts of transnationalism and transnational activism in the study of International Relations (state of the art). Secondly, it would be a discussion in the literature on transnationalism and transnational activism which cover themes about norm diffusion, the ‘boomerang pattern’, political opportunity structures and accountability and effectiveness. The last part is conclusion that can be drawn from this consensus and debates in the concept of transnational activism.

The Constitutional Right to Asylum and Humanitarianism in Indonesian Law: “Foreign Refugees” and PR 125/2016

2021 ◽  
pp. 1-22
Author(s):  
Bilal Dewansyah ◽  
Ratu Durotun Nafisah
Keyword(s):  
Asylum Seekers ◽  
Humanitarian Assistance ◽  
Legal Analysis ◽  
Human Right ◽  
Control Approach ◽  
Immigration Control ◽  
Refugee Protection ◽  
Constitutional Right ◽  
The Right ◽  
Asylum Seekers And Refugees

Abstract Article 28G(2) in Indonesia’s 1945 Constitution reflects a human rights approach to asylum; it guarantees “the right to obtain political asylum from another country,” together with freedom from torture. It imposes an obligation upon the state to give access to basic rights to those to whom it offers asylum, following an appropriate determination procedure. By contrast, in Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees, the Indonesian government’s response to asylum seekers and refugees is conceptualized as “humanitarian assistance,” and through a politicized and securitized immigration-control approach. We argue that the competition between these three approaches—the human right to asylum, humanitarianism, and immigration control—constitutes a “triangulation” of asylum and refugee protection in Indonesia, in which the latter two prevail. In light of this framework, this article provides a socio-political and legal analysis of why Article 28G(2) has not been widely accepted as the basis of asylum and refugee protection in Indonesia.

Deferring Citizens' “Right to Know” in an Information Age

2019 ◽  
pp. 264-286
Author(s):  
William Edward Heuva
Keyword(s):  
Freedom Of Expression ◽  
Information Age ◽  
Right To Know ◽  
Access To Information ◽  
Human Right ◽  
Emerging Democracies ◽  
The Right To Know ◽  
Policy Frameworks ◽  
Constitutional Right ◽  
The Right

Namibia is one of the emerging democracies that have not yet enacted the Access to Information legislation. While the country has guaranteed freedom of expression and media in its constitution, it has not provided for Access to Information as a constitutional right. This chapter seeks to examine Namibia's reluctance to adopt an Access to Information legislation. It interrogates views that locate the omission of this fundamental human right in the country's constitutional (legal) and policy frameworks. It underscores the failure by Namibia to reverse the information black-out suffered under the Apartheid dispensation. The chapter starts with a theoretical/philosophical rationale for the right to know to elicit an understanding of this discourse and its relevance to emerging democracies, such as Namibia. It then examines attempts by state and civil society to introduce the legislation in the country. Predicted on praxis, the chapter in conclusion provides some suggestions that may help resolving the impasse in adopting the Access to Information legislation in the county.

scholarly journals Aproximación a la regulación y contenido del derecho a una alimentación adecuada

2018 ◽  
pp. 183 ◽  
Author(s):  
Juan Manuel Goig Martínez
Keyword(s):  
Human Rights ◽  
National Level ◽  
Human Right ◽  
Public Authorities ◽  
Right To Food ◽  
The Public ◽  
Guiding Principle ◽  
Derechos Humanos ◽  
Adequate Food ◽  
The Right

La alimentación adecuada constituye un derecho humano. Así lo han reconocido oficialmente la gran mayoría de los Tratados Internacionales sobre derechos humanos. Pero existe una gran diferencia entre que un Estado reconozca oficialmente la alimentación como un derecho fundamental en su constitución, o lo haga como un principio rector, puesto que ello dotará al derecho a la alimentación adecuada de una mayor protección, o lo convertirá en un principio de actuación de los poderes públicos. Se puede exigir a los gobiernos garantizar el ejercicio efectivo del derecho a la alimentación de conformidad con las disposiciones constitucionales para otros derechos humanos. Pero, la capacidad de la invocación indirecta de otros derechos humanos para lograr la protección efectiva del derecho a la alimentación en el plano nacional dependerá, en definitiva, de la interpretación jurídica que se haga de la Constitución.Adequate food is a human right. Thus the vast majority of treaties have officially recognized it human rights. But there is a big difference between that a State officially recognizes food as a fundamental right in the Constitution, or do it as a guiding principle, since this will provide the right to adequate food of greater protection, or the It will become a principle of action of the public authorities. You may require Governments to ensuring the effective exercise of the right to food in accordance with the constitutional provisions for other human rights. But the indirect invocation of other human rights capacity to achieve effective protection of the right to food at the national level will depend, ultimately, of the legal interpretation that is made of the Constitution.

Urban homelessness and the right to water and sanitation: experiences from India's cities

Water Policy ◽  
2014 ◽  
Vol 16 (4) ◽  
pp. 755-772 ◽  
Author(s):  
Vicky Walters
Keyword(s):  
Homeless People ◽  
Vulnerable Groups ◽  
Limited Attention ◽  
Human Right ◽  
Water And Sanitation ◽  
Significant Development ◽  
Everyday Practices ◽  
Access To Water ◽  
The Right ◽  
Indian Cities

Improving access to water and sanitation for vulnerable groups has been a significant development priority in recent decades and this has been coupled with calls for water and sanitation to be recognised as fundamental human rights. However, to date there has been very limited attention on the right to water and sanitation for homeless people, despite their high vulnerability to a range of water and sanitation insecurities. Drawing on empirical data from the Indian cities of Delhi and Bangalore, this paper examines homelessness and the right to water and sanitation. It highlights the everyday practices and experiences of homeless people in their efforts to access water and sanitation, and sheds light on some of the factors that contribute to their water and sanitation insecurity. It concludes that addressing the human right to water and sanitation for homeless people will require going beyond a technical and sector approach, to the more challenging task of tackling the complex factors that create and sustain their vulnerability and marginality in urban spaces.

Time for Implementation of the Right to Water and Sanitation—e.g. The Missing Implementation in Germany

2012 ◽  
Vol 9 (2) ◽  
pp. 164-179
Author(s):  
Silke Ruth Laskowski
Keyword(s):  
Political Development ◽  
Human Right ◽  
Water And Sanitation ◽  
Environmental Goods ◽  
Goods And Services ◽  
Legal Enforcement ◽  
Wide Range ◽  
Basic Sanitation ◽  
Degraded Ecosystems ◽  
The Right

Access to safe water supplies and basic sanitation are necessary for maintaining public health, and water is needed to support healthy ecosystems, which in turn provide critical environmental goods and services. As water demand and availability become more uncertain, all societies become more vulnerable to a wide range of risks associated with inadequate water supply, including hunger and thirst, high rates of disease and death, economic crises, and degraded ecosystems. This endangers the enforcement of the Human Right to Water and Sanitation. Against this background the paper reviews the current political development to strengthen the legal enforcement of the Right to Water; describes the importance of its legal implementation regarding poor populations in Europe; exemplifies the need for implementation and legal action in view of Germany; and addresses to strengthen enforcement of the Human Right to Water and Sanitation with a view to Environmental Justice.

scholarly journals Governance conundrum in pursuit of the human right to water and sanitation: tracking the progress of the leave-no-one-behind principle in Uganda

2021 ◽  
Author(s):  
G. Z. Ahabwe ◽  
D. W. Batega ◽  
A. Ssewaya ◽  
C. B. Niwagaba
Keyword(s):  
Relevant Literature ◽  
Indigenous Communities ◽  
Economic Transformation ◽  
Primary Data ◽  
Human Right ◽  
Cross Sectional ◽  
Water And Sanitation ◽  
Civil Society Organisations ◽  
The Government ◽  
The Right

Abstract The Government of Uganda is a party to numerous international and national commitments, laws and regulatory frameworks to deliver the socio-economic transformation of its citizens. Sustainable Development Goals (SDGs) commit states, Uganda inclusive, to achieve a better and more sustainable future for all by 2030. According to the SDG 6 resolutions, the rights to water and sanitation are legally binding upon states, which have the primary responsibility to ensure their full realization, including unserved and under-served areas. While the SDGs came into force after 2015, it is not clear the extent to which Uganda's policies, legal instruments and practice are aligned to the SDGs. A combined methodology was adopted to undertake the study under a cross-sectional design. The study reviewed relevant literature such as sector performance reports on water and sanitation. Purposive sampling was used to select relevant informants for primary data. Key informant interviews were held with representatives of relevant government agencies, United Nations agencies, civil society organisations, indigenous communities and the private sector. Findings indicate that while the Government of Uganda has made tremendous efforts regarding the right to water and sanitation, enormous challenges and gaps remain. For instance, the pro-poor strategies to access safe water, sanitation and hygiene facilities are largely insignificant.

scholarly journals Water Security and the Right to Water in Southern Africa: An Overview

2017 ◽  
Vol 20 ◽  
pp. 1 ◽  
Author(s):  
Caiphas Brewsters Soyapi
Keyword(s):  
Water Security ◽  
Indigenous Communities ◽  
Case Law ◽  
Transboundary Water ◽  
Right To Life ◽  
Human Right ◽  
Water Users ◽  
Constitutional Right ◽  
The Right ◽  
Water Issues

The southern African region’s water-related problems are quite diverse. From the struggles of indigenous communities in Botswana to the cholera outbreaks in Zimbabwe; from the difficulties of poor communities in accessing basic water services to the disputes between municipal councils and individual well-to-do water users, it is abundantly evident that water security is a goal/vision that needs to be pursued by governments. Yet, much of the holistic scholarly focus on water security within the region has been on transboundary water management, to the exclusion of local/national water constitutional frameworks. Through four cases from Botswana, South Africa, Zambia and Zimbabwe the paper addresses selected aspects of the varied water issues, in particular the constitutional right to water and how that impacts on water security within the region. The literature and case law reviewed in the paper indicate that while there are benefits to constitutionalising the right to water as a fundamental right, courts are still able to read the right to water into existing rights, especially the right to life. However, reading in has its own limitations, including that courts sometimes leave hanging/unpronounced government duties/responsibilities where the right to water is not provided for. Accordingly, the paper attempts to show that while the right to water could be read into other existing rights like the right to life, water security could be better achieved through an independent constitutional human right to water, which creates constitutional duties on the state. 

scholarly journals Inclusive development as an imperative to realizing the human right to water and sanitation

1970 ◽  
Vol 8 (2) ◽  
pp. 67-86
Author(s):  
Pedi Obani ◽  
Joyeeta Gupta
Keyword(s):  
Human Rights ◽  
Social Inclusion ◽  
Inclusive Development ◽  
Extensive Literature ◽  
Social Changes ◽  
Human Right ◽  
Water And Sanitation ◽  
Governance Process ◽  
The Right ◽  
Governance Instruments

There are a plethora of governance instruments for operationalizing human rights obligations on water and sanitation at multiple levels of governance. The realization that the human right to water and sanitation depends on the discourses and approaches used in a country to implement it implies that it is not self-evident that implementing the right will lead to inclusive development. The inclusive development aims at not only social inclusion but also ecological and relational inclusion, where the latter aims at ensuring that the structural causes of inequality are also addressed. Relying on an extensive literature review and jurisprudence on the human right to water and sanitation, we develop an ideal-typical conceptual framework for assessing the human right to water and sanitation with inclusive development as an imperative. Our framework is based on the premise that governance instruments are valueladen tools which can steer social changes depending on the contextual political paradigm which can be garnered from the goals, ownership models, accountability mechanisms and incentives of actors involved in the governance process. We, therefore, propose a simple model for assessing whether the governance instruments for operationalizing the human right to water and sanitation will, in fact, lead to inclusive development.Keywords: Human Rights, Governance, Water and Sanitation

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