Human Rights Day 2025: Turning the Right to Water from Principle into Practice

10 December 2025 we celebrated Human Rights Day by giving a space to water experts to highlight how legislation is being turned into practice. CEO, Amanda Loeffen invited the members of Human Right 2 Water to a session filled with reflection and dialogue on the right to water and sanitation (HRWS) as well as other complementing rights such as the right to a clean, safe and healthy environment (HRHE).

The session started with an insightful reflection by President of HR2W, Dr. Pedi Obani, in which she talked about how human rights are not abstract ideas, they are tangible things that are necessary for our everyday lives. She also reflected on how persistence can mean different things in different contexts, especially when it comes to the water and sanitation:

“Whatever we do, we just have to keep pushing. Even when the rights to water and sanitation have not been formally recognised it doesn’t mean that there is no room for enforcement or action, it doesn’t mean that these rights cannot be protected” – Dr. Pedi Obani

Brazil

The first case study was presented by Amael Notini, Chair of the HR2W Expert Committee, who reflected on the Brazilian context. He explained that while Brazil has a robust Constitution, it does not explicitly recognise the human rights to water and sanitation (HRWS). Instead, these rights are upheld through the interpretation of related constitutional guarantees—such as the rights to life, health, and a healthy environment—which courts have relied upon to recognise water and sanitation in judicial decisions. Complementary legislation, including Brazil’s Water Law and related regulatory frameworks, has further shaped service provision and standards across the country.

Amael also highlighted persistent challenges around accountability and transparency in the water and sanitation sector, noting the absence of effective mechanisms to ensure meaningful oversight and enforcement of existing laws. Despite these constraints, Brazil continues to advance legal and policy efforts aimed at improving access to affordable and safe water and sanitation.

California

Professor Martha Davis from Northeastern University shared her expertise on the United States, with a particular focus on the State of California. She highlighted California’s unique position as the only U.S. state to formally recognise the human right to water through statutory law, explicitly grounding this recognition in international human rights norms. Professor Davis emphasised the importance of public water provision, noting that approximately 88% of the U.S. population is served by publicly regulated water systems. While California has made notable progress on water governance, she stressed that significant challenges remain—particularly in relation to water quality standards and affordability.

Professor Davis also reflected on sanitation, pointing to counties where inadequate access has prompted local mobilisation and advocacy. However, she observed that the current political climate has constrained further progress, increasing the importance for states and advocates to rely on international and federal standards and human rights frameworks to advance sanitation and water justice.

Costa Rica

Isabella Cubillo, HR2W’s Communications Officer, presented a reflection on Costa Rica’s HRWS based on real-life experience. She reflected on the different mechanisms that the country must provide water services to all the population. Water, as part of the State’s property, is mandated through different legal mechanisms and through the authority of 4 government institutions. Isabella reflected on how despite the mechanisms being in place, it is still pertinent that the Costa Ricans also share the responsibility to protect these resources not only to guarantee sustainable access for the current population, but also for future generations.

New Zealand

HR2W Legal Expert Kay Windle presented a compelling case study on New Zealand, highlighting the country’s distinctive legal context in the absence of a written constitution through which such rights could be formally entrenched. Despite this, she explained that New Zealand has adopted a range of legislative, policy, and regulatory measures to safeguard the human rights to water and sanitation. One example is the Local Water Done Well policy package, which introduces national guidelines and service standards, strengthens the role of local service providers, establishes feedback and accountability mechanisms, and applies economic regulation to improve both accessibility and affordability of water services.

 New Zealand has also demonstrated sustained commitment to the sustainable use of natural resources and to the protection and respect of Indigenous Māori culture, knowledge, and traditions, extending these principles to environmental governance. This includes recognising the cultural and spiritual significance of natural features and ensuring their protection where sacred species or sites are present. Furthermore, New Zealand is widely regarded as a global leader in the recognition of the rights of nature, notably through the Te Awa Tupua (Whanganui River Claims Settlement) Act, which recognises the river as a living entity with legal personhood, affording it rights and protections equivalent to those of a human person.

South Africa

Water Research Commission expert John Dini examined how the HRW and the HRHE are articulated and applied in South Africa. He explained that South Africa’s relatively young Constitution is notably progressive, explicitly recognising the right of access to sufficient water as well as environmental rights intended to protect both present and future generations. Key constitutional qualifiers have shaped how these rights are interpreted by the courts and operationalised by civil society, particularly the State’s obligation to take reasonable measures and the principle of progressive realisation, which acknowledges that full implementation cannot occur immediately. While these rights are further elaborated through policies and regulatory frameworks, John emphasised the importance of complementary laws on access to information and access to justice—both of which are especially critical in the South African context.

John Dini also explored how these legal principles are implemented in practice. For example, national standards entitle individuals to a minimum of 25 litres of water per person per day, calculated on the basis of a household of eight people. However, he noted that the assumptions underlying this calculation are increasingly being challenged, as they can create practical barriers to adequate and equitable access. South Africa has an extensive body of legislation and regulation that sets water and sanitation standards not only for human use but also for environmental protection. The basic human needs reserve guarantees minimum water access for people, while the ecological reserve safeguards the water requirements of ecosystems. Together, these reserves form the foundation of the right to water in South Africa, with both taking legal precedence over other water uses and requiring allocation before any additional resources are distributed. And yet, he explained how there are still areas in which the country is lacking and where these efforts are not enough, insisting on the importance of focusing on water and continue the recognition of these rights.