Inclusive Development as an Imperative to Realizing the Human Right to Water and Sanitation

AFE Babalola University: J. of Sust. Dev. Law & Policy Vol. 8: 2: 2017

20 Pages Posted: 2 Jul 2020

See all articles by Pedi Obani

Pedi Obani

University of Benin

Joyeeta Gupta

UNESCO-IHE; University of Amsterdam

Date Written: 2017

Abstract

There are a plethora of governance instruments for ope-rationalizing human rights obligations on water and sanitation at multiple levels of governance. The realization that the human right to water and sanitation depends on the discourses and approaches used in a country to implement it implies that it is not self-evident that implementing the right will lead to inclusive development. The inclusive development aims at not only social inclusion but also ecological and relational inclusion, where the latter aims at ensuring that the structural causes of inequality are also addressed. Relying on an extensive literature review and jurisprudence on the human right to water and sanitation, we develop an ideal-typical conceptual framework for assessing the human right to water and sanitation with inclusive development as an imperative. Our framework is based on the premise that governance instruments are value-laden tools which can steer social changes depending on the contextual political paradigm which can be garnered from the goals, ownership models, accountability mechanisms and incentives of actors involved in the governance process. We, therefore, propose a simple model for assessing whether the governance instruments for ope-rationalizing the human right to water and sanitation will, in fact, lead to inclusive development.

Keywords: human rights, governance, water and sanitation

JEL Classification: K32, K39

Suggested Citation

Obani, Pedi and Gupta, Joyeeta, Inclusive Development as an Imperative to Realizing the Human Right to Water and Sanitation (2017). AFE Babalola University: J. of Sust. Dev. Law & Policy Vol. 8: 2: 2017, Available at SSRN: https://ssrn.com/abstract=3623372

Pedi Obani (Contact Author)

University of Benin ( email )

Department of Jurisprudence and International Law
Faculty of Law
Benin, 300283
Nigeria

Joyeeta Gupta

UNESCO-IHE ( email )

Westvest 7
Delft, 2611 AX
Netherlands

University of Amsterdam ( email )

Spui 21
Amsterdam, 1018 WB
Netherlands

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