سیده مهشید میری بالاجورشری

Background and Theoretical Foundations: Water is a fundamental necessity for life, underpinning public health, social well-being, and sustainable development. Over the last decades, the international community has progressively recognized access to safe and sufficient water as a human right, formally acknowledged by the United Nations General Assembly in Resolution 64/292 (2010) and further elaborated in General Comment No. 15 of the Committee on Economic, Social and Cultural Rights. This right encompasses not only physical access to adequate water for personal and domestic uses but also its quality, affordability, and non-discrimination in distribution. The theoretical framework for understanding the right to water draws upon human rights law, environmental law, and principles of sustainable resource management. It also requires balancing individual rights with collective stewardship of a finite resource in the face of population growth, climate change, and competing sectoral demands. Methodology: This study adopts a qualitative, comparative, and normative approach. Primary legal instruments, including international treaties, soft law instruments, and national constitutions, were analyzed alongside secondary literature on water governance and human rights. A doctrinal legal analysis was employed to interpret the scope and content of the water right. At the same time, a comparative policy review examined regulatory models from selected jurisdictions representing different water management traditions. Case studies from South Africa, Brazil, and Spain were used to illustrate diverse legal and institutional mechanisms. The research also integrates perspectives from development studies, public policy, and environmental economics to assess regulatory effectiveness. Finding: The analysis reveals that, although the water right has been normatively affirmed, its implementation varies significantly across different legal systems. Effective realization depends on three interrelated factors: (1) constitutional or statutory entrenchment of the right, (2) robust regulatory institutions with clear mandates, and (3) adequate financial and technical capacity to manage supply and quality. Countries that embed the right to water within broader water resource management strategies tend to achieve more equitable and sustainable outcomes. Conversely, where water governance is fragmented or overly market-driven, disparities in access persist, especially for marginalized populations. Policy coherence, participatory decision-making, and transparent monitoring mechanisms emerge as critical drivers of success. Conclusion Recognizing the right to water as a human right is a necessary but insufficient step; its realization demands an integrated regulatory framework grounded in equity, sustainability, and accountability. States must align water policies with human rights obligations, invest in infrastructure, and ensure inclusive governance processes. As climate variability intensifies and water stress increases, the legal and policy architecture protecting water rights will be central to safeguarding health, livelihoods, and environmental integrity. International cooperation, knowledge-sharing, and innovative financing will be essential in bridging the gap between normative commitments and practical outcomes.