Sanitation, human rights, and disaster management

Purpose The purpose of this paper is to link debates around the international law on human rights and disaster management with the evolving debate around the human right to sanitation, in order to explore the extent to which states are obliged to account for sanitation in their disaster management efforts. Design/methodology/approach The paper is based on analysis of existing laws and policy relating to human rights, sanitation and disaster management. It further draws upon relevant academic literature. Findings The paper concludes that, while limitations exist, states have legal obligations to provide sanitation to persons affected by a disaster. It is further argued that a human rights-based approach to sanitation, if respected, can assist in strengthening disaster management efforts, while focusing on the persons who need it the most. Research limitations/implications The analysis in this paper focuses on the obligations of states for people on their territory. Due to space limitations, it does not examine the complex issues relating to enforcement mechanisms available to disaster victims. Originality/value This is the first scholarly work directly linking the debates around international human rights law and disaster management, with human rights obligations in relation to sanitation. The clarification of obligation in relation to sanitation can assist in advocacy and planning, as well as in ensuring accountability and responsibility for human rights breaches in the disaster context

Anti?Privatisation Debates, Opaque Rules and ‘Privatised’ Water Services Provision: Some Lessons from Indonesia

Anti?privatisation debates dominate Indonesia's contemporary water discourse. This has culminated in attempts at invalidating the Water Law through a Judicial Review. Finally rejected by the Constitutional Court, the law remains in place, although polarised debate remains and prevents greater regulation across the sector. The polarised debate leads to hesitations in regulating private sector participation (PSP). As a result, there is a major lack of regulation of PSP in the water sector. This article examines two contexts – Jakarta, where a concession takes place and Bogor, where the service is run entirely by a publicly owned company. Customer rights, such as the right to be connected, to enjoy certain service levels, to compensation, to financial aid, to redress mechanisms, including the right to participation and transparency, barely exist in Jakarta but are adequately guaranteed in Bogor

Smokes and mirrors at the United Nations’ universal periodic review process

Purpose: In 2006, the United Nations’ Human Rights Council was tasked to establish a new human rights monitoring mechanism: the Universal Periodic Review Process. The purpose of this paper is to examine the nature of discussions held in the process, over the two cycles of review in relation to women’s rights to access health care services. Design and Methodology: This investigation is a documentary analysis of the reports of 193 United Nations’ state reports, over two cycles of review. Findings: The primary findings of this investigation reveal that despite an apparent consensus on the issue, a deeper analysis of the discussions suggest the dialogue between states is superficial in nature, with limited commitments made by states under review in furthering the protection of women’s right to access health care services in the domestic context. Practical Implications: Considering the optimism surrounding the UPR process, the findings reveal that the nature of discussions held on women’s rights to health care services is at best a missed opportunity to make a significant impact to initiate, and inform, changes to practices on the issue in the domestic context; and at worst, raises doubts as to whether the core aim of the process, to improve the protection and promotion of all human rights on the ground, is being fulfilled. Originality/Value: Deviating from the solely technocratic analysis of the review process in the existing literature, this investigation has considered the UPR process as a phenomenon of exploration in itself, and will provide a unique insight as to how this innovative monitoring mechanism operates in practice, with a particular focus on women’s right to access health care services

Ensuring the right to education for Roma children : an Anglo-Swedish perspective

Access to public education systems has tended to be below normative levels where Roma children are concerned. Various long-standing social, cultural, and institutional factors lie behind the lower levels of engagement and achievement of Roma children in education, relative to many others, which is reflective of the general lack of integration of their families in mainstream society. The risks to Roma children’s educational interests are well recognized internationally, particularly at the European level. They have prompted a range of policy initiatives and legal instruments to protect rights and promote equality and inclusion, on top of the framework of international human rights and minority protections. Nevertheless, states’ autonomy in tailoring educational arrangements to their budgets and national policy agendas has contributed to considerable international variation in specific provision for Roma children. As this article discusses, even between two socially liberal countries, the UK and Sweden, with their well-advanced welfare states and public systems of social support, there is a divergence in protection, one which underlines the need for a more consistent and positive approach to upholding the education rights and interests of children in this most marginalized and often discriminated against minority group

The right to water in a transboundary context: emergence of seminal trends

Water is becoming increasingly scarce. Unequal geographic distribution of freshwater resources puts populations in certain regions at risk. Legal development has been responding to this human vulnerability. The human right to water is receiving increasing recognition. Along with growing recognition of the right to water comes the identification of clear legal contours of State obligations with respect to water availability, access and supply, as well as with respect to protection of these individual water rights. Questions remain however as to whether there exist obligations between States to overcome the international imbalance in water distribution. Recent instruments of transboundary water law have introduced new levels of protection of vital human water needs. But are “water-rich” States under any legal obligation to provide the resource to “water-poor” States? This paper explores the question from the perspective of international water law as well as with respect to human rights law