The right to water as a social fundamental right

A vízhez való jog, mint szociális alapjog

Jakab, Nóra

Mélypataki, Gábor

CEDR Magyar Agrárjogi Egyesület

2019-07-01

right to water

human rights

social fundamental right

European Pillar of Social Rights

vízhez való jog

emberi jogok

szociális alapjog

Szociális Jogok Európai Pillére

In our study we would primarily like to introduce the interpretation of the European Pillar of Social Rights(hereinafter ‘the Social Pillar’). Article 20 of the Social Pillar deals with the right to access basic services.Basic services include the right to water and sanitation. The quoted article of the Pillar highlights that people inneed should be supported in the access of these services. The Social Pillar defines the access right in the frameworkof social protection and social inclusion. In our opinion, this aligns a new interpretation of the right to waternearby the earlier ones which recognises the right to water not just as a fundamental right, but a socialfundamental right as well. The characteristic of social fundamental rights is that they are not included in theorders of the ius cogens, but they protect so essential things that are connected closely to the right to life and tosubsistence in general. This statement can be valid to the definition of right to water. If we analyse the classicalsocial rights more precisely, we will have similar conclusions. This interpretation is reflected by Article XX of theFundamental Law as well. The access to drinking water is highlighted as an important element of the right tophysical and mental health. We can see that this element itself is not enforceable, but it also connects to the right tophysical and mental health, and indirectly to the right to social security and the right to life. Drinking water is avery important matter from the aspect of human life.

In our study we would primarily like to introduce the interpretation of the European Pillar of Social Rights(hereinafter ‘the Social Pillar’). Article 20 of the Social Pillar deals with the right to access basic services.Basic services include the right to water and sanitation. The quoted article of the Pillar highlights that people inneed should be supported in the access of these services. The Social Pillar defines the access right in the frameworkof social protection and social inclusion. In our opinion, this aligns a new interpretation of the right to waternearby the earlier ones which recognises the right to water not just as a fundamental right, but a socialfundamental right as well. The characteristic of social fundamental rights is that they are not included in theorders of the ius cogens, but they protect so essential things that are connected closely to the right to life and tosubsistence in general. This statement can be valid to the definition of right to water. If we analyse the classicalsocial rights more precisely, we will have similar conclusions. This interpretation is reflected by Article XX of theFundamental Law as well. The access to drinking water is highlighted as an important element of the right tophysical and mental health. We can see that this element itself is not enforceable, but it also connects to the right tophysical and mental health, and indirectly to the right to social security and the right to life. Drinking water is avery important matter from the aspect of human life.

angol

magyar

info:eu-repo/semantics/article

info:eu-repo/semantics/publishedVersion

Peer-reviewed Article

application/pdf

application/pdf

http://ojs3.mtak.hu/index.php/JAEL/article/view/1828

10.21029/JAEL.2019.26.7

Journal of Agricultural and Environmental Law; Vol 14 No 26 (2019); 7-63

Agrár- és Környezetjog; Évf. 14 szám 26 (2019); 7-63

1788-6171

http://ojs3.mtak.hu/index.php/JAEL/article/view/1828/1212

http://ojs3.mtak.hu/index.php/JAEL/article/view/1828/1213