Water Security as a Fundamental Human Right: A Study in the Legal Framework

Abstract

This study addresses the issue of water security as a fundamental human right within the framework of international law, by analyzing the legal concept of water security, examining the evolution of recognition of the human right to water, and studying its underlying international legal basis. It highlights the obligations of states and international organizations in this field, as well as the challenges facing its realization. The study finds that water security is now recognized as a human right both implicitly and explicitly within international law, particularly following interpretations issued by UN bodies and United Nations resolutions. However, this recognition still faces significant implementation challenges. The results show that state obligations are divided into negative obligations, requiring refraining from violating the right to water, and positive obligations, which require taking necessary measures to ensure availability, quality, and sustainability. Furthermore, the study demonstrates that international organizations play an important role in promoting water security through standard-setting and technical support, though their role remains limited due to weak enforcement mechanisms. In addition, water security faces multiple challenges, most notably water scarcity, climate change, pollution, transboundary water disputes, and weak water governance. Accordingly, the study concludes that there is a need to strengthen international cooperation, develop the legal framework governing water security, and activate monitoring and enforcement mechanisms to move from theoretical recognition to practical implementation, thereby achieving water justice and sustainable development.