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Content and implementation of a right to water

An Institutional Economics Approach

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Since the United Nations General Assembly recognized the Right to Water (rtw) in 2010, the debate has focused on implementation challenges. This study adopts an institutional economics approach, positing that implementation deficits stem not from reluctance by water policy actors but from inherent issues. It emphasizes two key requirements: first, sustainability objectives—such as efficiency, ecological sustainability, and refinancing—must be considered, as they may conflict with strict rtw implementation. Second, water should be viewed as a supply service with properties that include quality and availability over time and space. While access hurdles exist for users, these can serve specific functions related to competing water policy goals, making some hurdles potentially legitimate. The normative question arises regarding which hurdles are acceptable and their limits. We propose that access hurdles must meet three criteria: functionality, reasonableness of burden, and non-discrimination, leading to the concept of “sustainable access.” Future rtw research should investigate the boundaries of rights violations based on this framework, offering significant opportunities for practical rtw implementation. By expanding the access definition to include functionality and adopting this hurdle perspective, we can better assess and improve supply situations, address potential resistance, and align with the SDGs' commitment to social an

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Content and implementation of a right to water, Erik Gawel

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2016
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