The Irish Human Rights and Equality Commission has made a submission to the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressing concern that the right to access water and sanitation has been weakened with the establishment of Irish Water.
The right to access water and sanitation can be read into article 11 (the right to an adequate standard of living) and article 12 (the right to health) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The content of the right and State obligations were elaborated by CESCR in General Comment 15.
IHREC informs the Committee that Irish Water was established to privatise water services and replaces State subvention by private subvention. This is required under the 2010 Agreement between the State and the European Commission, European Central Bank, and the International Monetary Fund. However the IHREC is concerned that the privatisation of the public function of water provision potentially weakens the accountability mechanisms guaranteed by ICESCR. According to General Comment 15, States are obliged “to adopt a national strategy or plan of action to realize the right to water.” Included in this obligation the State must establish accountability mechanisms to ensure the implementation of the strategy. Irish Water will be regulated by the Energy regulator, the Commission for Energy Regulation, whose remit does not include a human rights focus.
CESCR will examine Ireland’s compliance with its obligations under ICESCR in June 2015.
Click here to read the submission from IHREC.
Click here to read General Comment 15 on the Right to Water.