In the past two decades, the human rights to water and sanitation have emerged, matured, and taken their place at the center of discussions about rights, sustainable development, global health, and climate change. While there was early hope that these rights—especially the right to water—would provide a strong basis for rejecting the commodification of essential services spurred by neoliberalism, as they were institutionalized, the rights to water and sanitation have in many places been tamed, if not neutralized. However, while the human rights framework concerning water and sanitation has accommodated powerful economic imperatives, it still holds promise as a vehicle for governments, courts, and—perhaps most importantly—movements facing the harsh realities of radical inequality, vulnerability to disaster, and advancing climate change. This Article provides an overview of the conceptual and theoretical issues behind the rights to water and sanitation, an account of the normative development of the rights in law, and an appraisal of the key debates concerning water and sanitation as human rights today.

Continue reading Assessing the Rights to Water and Sanitation: Between Institutionalization and Radicalization