물에 대한 권리 보장과 실현에 관한 연구 - 국제재판소 결정례를 중심으로 -

Abstract

A right, which uses by getting access to hygienic and safe water, namely, all rights on water shoulds be recognized and guaranteed by all people. According to UN, 900 million people are living without clean water. 4,000 children are being dead every day by a water borne disease. This situation is getting further deteriorated according to a climate change. To solve this, there is a need to be preceded the perception as saying that a right of water corresponds to human rights. A right of water needs to be made even the legal standardization on this, not what is secured only with people's awareness. The legal standardization should be formed the regulation right, which ensured utility, quality and accessibility to water, and the nation's active duty on this. UN confirmed in 2010 that water is a human being's basic right and mentioned that a right of water needs to be indifferently approached water, which is used as drinking water and water for living aiming at a human being's life and health. Also, it mentioned that a nation should give more priority to water of being used by an individual than to other economic uses, and allowed a policy-based measure to be taken so that water in good quality can be obtained with rational use. The international-law base of a right on water and sanitary equipment is connoted in ‘a right of adequate living standard’ in the UN Covenant on Economic, Social and Cultural Rights, which is international treaty that was ratified by 157 countries. In the population conference of Cairo in 1994, the participating nations clarified that a right of adequate living standard includes adequate water and sanitary equipment. International treaty, which was ratified extensively such as the UN Convention on the Rights of the Child and CEDAW(the Convention on the Elimination of All Forms of Discrimination Against Women), Non-Alignment Movement, European Parliament, UN General Assembly acknowledged a right of water through a number of political declarations. To effectively secure a right of water, a nation needs to be preferentially made substantial investment such as expanding infrastructure on the waterway facility available for getting access to safe and hygiene water. Additionally in case of being happened a dispute related to water, there will be a need to judge by giving priority to whether or not guaranteeing a procedural right and to public interest of people who use the corresponding water.