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[newsandnorms]

On Consecutive Days, Courts Hand Down Significant Same-Sex Marriage Rights Decisions

  Same-Sex Marriage Is Now Legal For A Majority Of The U.S.

Nate Silver and Allison McCann, Five Thirty-Eight Although the trend toward greater acceptance of same-sex marriage has been evident for some time both in jurisprudence and public opinion, the speed with which it has become the law of the land is striking. The U.S. Supreme Court’s decision Monday to decline hearing a series of appeals cases on same-sex marriage will have the effect of immediately legalizing gay marriage in Indiana, Oklahoma, Utah, Virginia and Wisconsin. When combined with the 19 states (and the District of Columbia) that had previously legalized same-sex marriage, these states have a collective population of roughly 165 million, according to 2013 census figures. That means for the first time, same-sex marriage is legal for the majority of the U.S. population. The 26 states where the practice is not legal have a total population of about 151 million. The Supreme Court’s decision may also lead to the legalization of same-sex marriage in Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming. Those states have an additional 25 million people combined. If they follow suit, 30 states and the District, totaling about 60 percent of the U.S. population, would allow same-sex marriage.

http://fivethirtyeight.com/datalab/same-sex-marriage-is-now-legal-for-a-majority-of-the-u-s/

  New Court Ruling Paves Way for Same-Sex Marriage in Five More States

Ashby Jones, The Wall Street Journal Law Blog Just one day after the U.S. Supreme Court declined to take up several appeals on the issue, paving the way for same-sex marriages to begin in a host of states, another court has entered the fray. A three-judge panel of the Ninth U.S. Circuit Court of Appeals in San Francisco on Tuesday afternoon struck down laws in Idaho and Nevada banning same-sex marriage. According to the WSJ’s Jess Bravin, “The Ninth Circuit decision will apply to five states with marriage bans in that appellate circuit, likely expanding to 35 the number of states with legal same-sex marriage.” In addition to Idaho and Nevada, the decision will also likely lead to the legalization of same-sex marriage in Arizona, Montana and Alaska.

http://blogs.wsj.com/law/2014/10/07/new-court-ruling-paves-way-for-same-sex-marriage-in-five-more-states/

    Human rights at issue include, but are not limited to:

non-discrimination (under ‘other status,’ with special reference to the fact that sex was, in Toonen v Australia, suggested by the U.N. Human Rights Committee to include sexual orientation—a position later confirmed by the Committee), equal protection, right to privacy, right to family life, right to marry, right to equality, right to certain family benefits, duty of States to protect children from discrimination with respect to parent status.

  For a look into much of the international human rights norms and law regarding this topic, please see our previous post on this topic:

http://newsandnorms.tumblr.com/post/71915528728/after-court-rulings-new-mexico-and-utah-become

[newsandnorms]

Court Strikes Down GOP-Backed Voting Restrictions In North Carolina

Ryan J. Reilly, The Huffington Post A federal appeals court on Wednesday ordered a lower court to block two new voting restrictions in North Carolina, saying there was "no doubt" the measures would disenfranchise minorities. North Carolina will now be required to reinstate same-day voter registration, as well as allow voters to cast ballots even if they show up to vote in the wrong precinct. In a two-to-one ruling, the U.S. Court of Appeals for the 4th Circuit ruled that "whether the number is thirty or thirty-thousand, surely some North Carolina minority voters will be disproportionately adversely affected in the upcoming election" and that it was important to act now, since "there could be no do-over and no redress" once the election was over. The appeals court ruled that the lower court "failed to adequately consider North Carolina’s history of voting discrimination" and said the new law eliminated "voting mechanisms successful in fostering minority participation." "The injury to these voters is real and completely irreparable if nothing is done to enjoin this law," the ruling said.

http://www.huffingtonpost.com/2014/10/01/north-carolina-voting-restrictions_n_5914634.html

  Rights at issue include, but are not limited to:

the right to vote, equal protection, nondiscrimination, equality before the law, the right to participate in public life and public affairs.

    Universal Declaration of Human Rights

Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 21.3: The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

  International Covenant on Civil and Political Rights

Article 2.1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 25: Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

…

Article 26: All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

  International Convention on the Elimination of Racial Discrimination

Article 5: In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:

(c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;

  Committee on the Elimination of Racial Discrimination:

General Comment No. 25: The right to participate in public affairs, voting rights and the right of equal access to public service (Art. 25): 07/12/1996. [CCPR/C/21/Rev.1/Add.7, General Comment No. 25. (General Comments):

9. Paragraph (b) of article 25 sets out specific provisions dealing with the right of citizens to take part in the conduct of public affairs as voters or as candidates for election. Genuine periodic elections in accordance with paragraph (b) are essential to ensure the accountability of representatives for the exercise of the legislative or executive powers vested in them. Such elections must be held at intervals which are not unduly long and which ensure that the authority of government continues to be based on the free expression of the will of electors. The rights and obligations provided for in paragraph (b) should be guaranteed by law.

10. The right to vote at elections and referenda must be established by law and may be subject only to reasonable restrictions, such as setting a minimum age limit for the right to vote. It is unreasonable to restrict the right to vote on the ground of physical disability or to impose literacy, educational or property requirements. Party membership should not be a condition of eligibility to vote, nor a ground of disqualification.

11. States must take effective measures to ensure that all persons entitled to vote are able to exercise that right. Where registration of voters is required, it should be facilitated and obstacles to such registration should not be imposed. If residence requirements apply to registration, they must be reasonable, and should not be imposed in such a way as to exclude the homeless from the right to vote. Any abusive interference with registration or voting as well as intimidation or coercion of voters should be prohibited by penal laws and those laws should be strictly enforced. Voter education and registration campaigns are necessary to ensure the effective exercise of article 25 rights by an informed community.

  Convention to Eliminate All Forms of Discrimination Against Women

Article 7: States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right:

(a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;

(b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;

(c) To participate in non-governmental organizations and associations concerned with the public and political life of the country.

  Committee to Eliminate All Forms of Discrimination Against Women:

Political and public life : . 01/31/1997. CEDAW General recom. 23. (General Comments)

The right to vote and to be elected (CEDAW article 7, para. (a))

18. The Convention obliges States parties in constitutions or legislation to take appropriate steps to ensure that women, on the basis of equality with men, enjoy the right to vote in all elections and referendums, and to be elected. These rights must be enjoyed both de jure and de facto.

19. The examination of the reports of States parties demonstrates that, while almost all have adopted constitutional or other legal provisions that grant to both women and men the equal right to vote in all elections and public referendums, in many nations women continue to experience difficulties in exercising this right.

…

23. The enjoyment of the right to vote by women should not be subject to restrictions or conditions that do not apply to men or that have a disproportionate impact on women. For example, limiting the right to vote to persons who have a specified level of education, who possess a minimum property qualification or who are literate is not only unreasonable, it may violate the universal guarantee of human rights. It is also likely to have a disproportionate impact on women, thereby contravening the provisions of the Convention.

  American Declaration on the Rights and Duties of Man

Article 2:  All persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor.

Article 20:  Every person having legal capacity is entitled to participate in the government of his country, directly or through his representatives, and to take part in popular elections, which shall be by secret ballot, and shall be honest, periodic and free.

  American Convention on Human Rights

Article 23. Right to Participate in Government

1. Every citizen shall enjoy the following rights and opportunities:

a. to take part in the conduct of public affairs, directly or through freely chosen representatives;

b. to vote and to be elected in genuine periodic elections, which shall be by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters; and

Article 24. Right to Equal Protection

All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.

[newsandnorms]

STUDY: Number of Married Same-Sex Couples Up by 50 Percent in Three Years

Trudy Ring, Advocate.com As more and more states offer same-sex couples the right to marry, couples are taking advantage of this right — the number of same-sex married couples in the U.S. increased by 50 percent between 2010 and 2013, according to a new study from the Williams Institute. At the end of 2013, there were approximately 690,000 same-sex couples in the U.S., of which at least 124,000 and perhaps as many as 130,000 were married, says the institute’s report, based on its analysis of the National Health Interview Survey for 2013, the first time the survey included a sexual orientation question. Comparing these numbers with data from other demographic studies, the Institute estimates the number of married same-sex couples increased by 50 percent over three years. Other findings from the report, “LGB Families and Relationships: Analyses of the 2013 National Health Interview Survey,” include the geographic distribution of married same-sex couples, with 39 percent living in the Northeast, where equal marriage rights have been available the longest. Twenty-eight percent live in the West, 21 percent in the Midwest, and 12 percent in the South. Nationwide, married same-sex couples are raising more than 30,000 children, according to the study. Another new Williams Institute study, “LGBT Demographics: Comparisons Among Population-Based Surveys,” finds that between 2.2 percent and 4 percent of U.S. adults, or between 5.2 million and 9.5 million people, identify as lesbian, gay, bisexual, or transgender. Younger people are more likely than older generations to identify as LGBT, and people in the Northeast and the West are more likely to do so than those in the Midwest or South. The findings of these studies will be useful in political debates about LGBT rights, said Gary J. Gates, a Williams distinguished scholar and author of the studies. “Courts, legislatures, and voters continue to debate high-profile policy issues including marriage and parenting rights for same-sex couples along with economic and health disparities associated with discrimination and stigma toward LGBT individuals,” Gates said in a press release. “The availability of new data sources that include identification of LGBT respondents allows us to better inform those debates with critical information about the demographic characteristics of LGBT individuals and their families.”

http://www.advocate.com/politics/marriage-equality/2014/09/30/study-number-married-same-sex-couples-50-percent-three-years

   Human rights at issue include, but are not limited to:

non-discrimination (under ‘other status,’ with special reference to the fact that sex was, in Toonen v Australia, suggested by the U.N. Human Rights Committee to include sexual orientation—a position later confirmed by the Committee), equal protection, right to privacy, right to family life, right to marry, right to equality, right to certain family benefits, duty of States to protect children from discrimination with respect to parent status.

  For a look into much of the international human rights norms and law regarding this topic, please see our previous post on this topic:

http://newsandnorms.tumblr.com/post/71915528728/after-court-rulings-new-mexico-and-utah-become

[newsandnorms]

Court Rulings and Same-Sex Marriage Rights in early September 2014

  Court: Ariz. must recognize marriage of same-sex couple

Alia Beard Rau, The Arizona Republic A federal judge has issued an emergency order requiring Arizona to recognize the California marriage of Green Valley couple Fred McQuire and George Martinez. There is now one same-sex couple whose marriage is legal in Arizona. A federal judge has issued an emergency order requiring Arizona to recognize the California marriage of Green Valley couple Fred McQuire and George Martinez. The Vietnam-era veterans had been together for 45 years before Martinez died of pancreatic cancer late last month. McQuire and Martinez are among the plaintiffs in a lawsuit filed in March challenging Arizona's definition of marriage as only between a man and a woman. Martinez in June was diagnosed with pancreatic cancer and given months to live. They asked the court for an emergency order that would recognize their marriage in Arizona, and were still waiting when Martinez died. Friday, McQuire, 69, of Green Valley, went to court. U.S. District Court Judge John Sedwick heard arguments Friday morning and within a couple of hours issued a brief order. The order applies only to McQuire and his partner, not to any other Arizona couple. The order, although it applies to only this couple, also indicates that Sedwick believes the broader case is also headed for a win. Sedwick in his ruling explicitly says the state's argument that the current law doesn't discriminate "lacks merit."

http://www.azcentral.com/story/news/arizona/politics/2014/09/12/federal-court-rule-arizona-sex-couples-case/15522079/

  Court Hears Arguments Over Gay Marriage's Impact in Nevada, Idaho and Hawaii

Paul Elias, Associated Press A federal appeals court in San Francisco waded again into the debate over the constitutionality of gay marriage, with attorneys for both sides arguing over whether legalizing it would harm children. The three judges on the 9th Circuit Court of Appeals — two of whom have ruled in previous cases in favor of gay rights — reserved many of their most pointed questions at the defenders of state bans in Idaho, Nevada and Hawaii. Judge Marsha Berzon appeared critical of the attorney defending two of the bans, saying he was sending a message that families headed by same-sex couples were "second-rate." "You're sending a message that these are less desirable families" she said. "That is what you're doing. That is what you say you're doing." The hearing is the first time since it declared California's gay marriage ban unconstitutional that the 9th Circuit is listening to arguments over same-sex weddings in a political and legal climate that's vastly different than when it overturned Proposition 8 in 2012. State and federal court judges have been striking down bans in more than a dozen states at a rapid rate since a landmark U.S. Supreme Court ruling last year. Attorney Monte Neil Stewart faced tough questions from Berzon as he defended Idaho's ban. Stewart told the panel that same-sex marriage would undermine children's right to be raised by a father and mother. Same-sex marriage would undercut the message that a man who fathers a child should get in a relationship with the female mother, he said. "This is a contest between two different messages," Stewart said. "The message of man-woman marriage is: 'Men, you're valuable and important in the upbringing of the children you bring into this world. Women, you are valuable and important in the upbringing of children you bring into this world.' Genderless marriage does not send that message, indeed it undermines it." Berzon questioned how gay marriage differed from the current model of marriage, which she called "genderless." Berzon said that with gay marriages occurring, "the train has already left the station." Deborah Ferguson, an attorney representing gay marriage supporters opposed to Idaho's ban, said children of same-sex couples don't have the same protections as children of heterosexual couples. "(They) don't have two legal parents to protect them," she said. "That is sending a powerful message. That tells those children that their parents' marriages aren't worthy of respect. That's a very harsh message." The 9th Circuit heard arguments about Nevada and Hawaii's gay marriage ban as well. ... University of California, Irvine law professor Douglas NeJaime said "this (9th Circuit) panel seemed very skeptical of the arguments in favor of the bans." NeJaime and many others, including 9th Circuit Judge Stephen Reinhardt, said the issue of gay marriage will ultimately be decided by the U.S. Supreme Court. ... The 9th Circuit in 2012 invalidated Proposition 8 because it singled out a minority group for disparate treatment for no compelling reason. The U.S. Supreme Court dismissed the case last year without ruling on the legal merits of gay marriage. The case for gay marriage was bolstered when the court earlier this week unveiled the names of the three judges assigned to decide the issue in those three states. Judges Berzon and Ronald Gould were appointed by President Bill Clinton. And Reinhardt, appointed by President Jimmy Carter, is considered one of the most politically liberal jurists on the 29-judge court. Reinhardt wrote the 2012 opinion striking down California's gay marriage ban. The 9th Circuit panel is under no deadline to rule.

http://abcnews.go.com/US/wireStory/hawaii-idaho-nevada-gay-marriage-laws-court-25338944

  String of gay marriage victories broken in Louisiana

Richard Wolf, USA TODAY The legal winning streak for same-sex marriage is over. A federal judge in Louisiana upheld that state's prohibition on gay marriage Wednesday and belittled a string of 20-plus federal court decisions striking down state bans as "a pageant of empathy." It was the first time since the Supreme Court ruled against the federal Defense of Marriage Act in June 2013 that a federal court refused to throw out a state's ban on gay and lesbian marriages. A promised appeal, like Texas' appeal of a district judge's ruling in favor of gay marriage there, now goes to the U.S. Court of Appeals for the 5th Circuit, perhaps the nation's most conservative appellate court. The ruling came from District Judge Martin Feldman, 80, who was named to the federal bench by President Ronald Reagan more than 30 years ago. He echoed the two judges — both in their 70s and appointed by President George H.W. Bush — who dissented from recent rulings against Utah, Oklahoma and Virginia gay marriage bans in the 10th and 4th Circuits. Same-sex marriage was "nonexistent and even inconceivable until very recently," Feldman said in his 32-page ruling. For that reason, he said, it is not a fundamental right that states must uphold despite constitutional or legislative bans. "The court is persuaded that a meaning of what is marriage that has endured in history for thousands of years, and prevails in a majority of states today, is not universally irrational," Feldman said. Nineteen states and the District of Columbia now permit same-sex marriage, while 31 states continue to ban it. The Supreme Court could decide this fall to hear one or more cases being appealed from federal circuit courts in Denver and Richmond. That would virtually guarantee a national verdict by next June. Since the justices ruled in U.S. v. Windsor that the federal government must recognize legal gay marriages and provide appropriate benefits, no federal judge had upheld a statewide ban.

http://www.usatoday.com/story/news/nation/2014/09/03/gay-marriage-louisiana/15021785/

  Human rights at issue include, but are not limited to:

non-discrimination (under ‘other status,’ with special reference to the fact that sex was, in Toonen v Australia, suggested by the U.N. Human Rights Committee to include sexual orientation—a position later confirmed by the Committee), equal protection, right to privacy, right to family life, right to marry, right to equality, right to certain family benefits, duty of States to protect children from discrimination with respect to parent status.

  For a look into much of the international human rights norms and law regarding this topic, please see our previous post on this topic:

http://newsandnorms.tumblr.com/post/71915528728/after-court-rulings-new-mexico-and-utah-become

[newsandnorms]

Lansing Township files federal lawsuit against utility to cover costs of preventing further landfill pollution of drinking water

Lansing Township and its Downtown Development Authority have filed a federal lawsuit against the Lansing Board of Water and Light. They want the utility to cover the $13 million cost to build a new storm drain near Lake Lansing Road. The township’s Supervisor Kathleen Rodgers says the project is necessary because of contamination at a BWL landfill. “Lansing Township’s budget is 4 million dollars a year. We’re talking 10% of our budget going to pay for a drain that is this costly because the Board of Water and Light contaminated 40 acres.” The dispute goes back some 40 years when the BWL used the landfill to dispose of waste from a coal-fired energy plant. The fly ash created groundwater contamination which a spokesman from the Michigan Department of Environmental Quality says has been contained with a “bathtub-like” structure called a surrey wall. Ingham County Drain Commissioner Pat Lindemann says the pollution has nothing to do with the need for a new storm drain. “Its not acceptable to contaminate our drinking water. So no matter what Kathy wants to do with the water, she can come up with an alternative to get rid of it, other than putting it in the ground, then that’s okay with me. But we’ve got plans drawn, we’ve looked at all the alternatives, and the township has an obligation to pay on behalf of the public’s health safety and welfare. That’s what the law says and we think that the number is fair.” Lindemann says the Township will be expected to pay about half of the nearly $13 million price tag for the project. The city of Lansing and the BWL will have to pay the rest.

http://www.wilx.com/news/headlines/261142231.html

  Human rights at issue include, but are not limited to:

right to water (including non-interference with other rights); right to life; right to sanitation; right to highest attainable standard of health; right to housing.

  Universal Declaration of Human Rights

Article 3: Everyone has the right to life, liberty and security of person.

Article 25.1: Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

  International Covenant on Economic, Social and Cultural Rights

Article 11.1: The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.

Article 12:

1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:

…

(b) The improvement of all aspects of environmental and industrial hygiene;

…

  General Comment No. 15 (2002): The right to water (arts. 11 and 12 of the International Covenant on Economic, Social and Cultural Rights)

Paragraph 3: Article 11, paragraph 1, of the [ICESCR] specifies a number of rights emanating from, and indispensable for, the realization of the right to an adequate standard of living “including adequate food, clothing and housing”. The use of the word “including” indicates that this catalogue of rights was not intended to be exhaustive. The right to water clearly falls within the category of guarantees essential for securing an adequate standard of living, particularly since it is one of the most fundamental conditions for survival. Moreover, the Committee has previously recognized that water is a human right contained in article 11, paragraph 1, (see General Comment No. 6 (1995)). The right to water is also inextricably related to the right to the highest attainable standard of health (art. 12, para. 1) and the rights to adequate housing and adequate food (art. 11, para. 1). The right should also be seen in conjunction with other rights enshrined in the International Bill of Human Rights, foremost amongst them the right to life and human dignity.

Paragraph 8: Environmental hygiene, as an aspect of the right to health under article 12, paragraph 2 (b), of the Covenant, encompasses taking steps on a non-discriminatory basis to prevent threats to health from unsafe and toxic water conditions. For example, States parties should ensure that natural water resources are protected from contamination by harmful substances and pathogenic microbes. Likewise, States parties should monitor and combat situations where aquatic eco-systems serve as a habitat for vectors of diseases wherever they pose a risk to human living environments.

Paragraph 12. While the adequacy of water required for the right to water may vary according to different conditions, the following factors apply in all circumstances:

(a) Availability. The water supply for each person must be sufficient and continuous for personal and domestic uses. These uses ordinarily include drinking, personal sanitation, washing of clothes, food preparation, personal and household hygiene. The quantity of water available for each person should correspond to World Health Organization (WHO) guidelines. Some individuals and groups may also require additional water due to health, climate, and work conditions;

(b) Quality. The water required for each personal or domestic use must be safe, therefore free from micro-organisms, chemical substances and radiological hazards that constitute a threat to a person’s health. Furthermore, water should be of an acceptable colour, odour and taste for each personal or domestic use.

  International Covenant on Civil and Political Rights

Article 6.1: Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

  Convention on the Rights of the Child

Article 24:

1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.

2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures:

…

(c) To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;

  Convention to Eliminate All Forms of Discrimination Against Women

Article 14.12: States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right:

(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.

  Convention on the Elimination of All Forms of Racial Discrimination

Article 5: In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:

…

(d) Other civil rights, in particular:

…

(iii) The right to housing;

(iv) The right to public health, medical care, social security and social services;

…

  Convention on the Rights of Persons with Disabilities

1. States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.

2. States Parties recognize the right of persons with disabilities to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of this right, including measures:

To ensure equal access by persons with disabilities to clean water services, and to ensure access to appropriate and affordable services, devices and other assistance for disability-related needs;

  American Declaration on the Rights and Duties of Man

Article 11:  Every person has the right to the preservation of his health through sanitary and social measures relating to food, clothing, housing and medical care, to the extent permitted by public and community resources.

  Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (“Protocol Of San Salvador”)

Article 10, Right to Health

1. Everyone shall have the right to health, understood to mean the enjoyment of the highest level of physical, mental and social well-being.

2. In order to ensure the exercise of the right to health, the States Parties agree to recognize health as a public good and, particularly, to adopt the following measures to ensure that right:

…

f. Satisfaction of the health needs of the highest risk groups and of those whose poverty makes them the most vulnerable.

Article 11, Right to a Healthy Environment:

1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.

2. The States Parties shall promote the protection, preservation, and improvement of the environment.

  See also: Resolution adopted by the General Assembly on 28 July 2010: 64/292. The human right to water and sanitation

[newsandnorms]

White House Task Force to Protect Students From Sexual Assault Releases First Report

From NPR's The Two-Way:

Noting that 1 in 5 women is sexually assaulted in college, the White House is releasing new guidelines to help victims of that violence and improve the way schools handle such cases. Campus sexual assaults are notoriously underreported, and schools' disciplinary processes vary widely.

The suggestions in a new report released today by the White House Task Force to Protect Students from Sexual Assault provide colleges with basic guidelines for dealing with sexual assault cases; it also sets up a national reporting system that asks schools to survey their students about their experiences.

The report is titled "Not Alone," which is also the name of a new website the administration created as a resource for schools and the victims of sexual assault. Its work reflects contributions from several federal agencies, including the Departments of Education, Justice, and Health and Human Services.

Here are some highlights from the report:

Sexual assault victims should be able to speak in confidentiality to a trained advocate who would not be required "to report all the details of an incident to school officials," as some colleges have mandated in recent years.

"Questions about the survivor's sexual history with anyone other than the alleged perpetrator should not be permitted."

An accuser and the accused "should not be allowed to personally cross-examine each other."

Calling the intervention of bystanders one of the "most promising prevention strategies," the report calls for encouraging men and women to act in such cases.

The new website also includes a national "school-by-school enforcement map" that marks resolved cases that involved the U.S. Departments of Education and Justice.

The recommendations stem from three months' work by the task force that was formed earlier this year, in response to widespread dissatisfaction with the way college campuses handle cases of sexual assault. A unique February conference on the issue hosted by the University of Virginia was filled to capacity by college presidents and others.

"We know that too many universities are still discouraging survivors from filing complaints," said the Department of Education's Catherine Lhamon, who attended the session. "They are still delaying investigations for months, or longer. They are still retaliating against students for speaking out about their assaults."

http://www.npr.org/blogs/thetwo-way/2014/04/29/307958756/campus-sexual-assaults-are-targeted-in-new-white-house-report

  Human rights at issue include, but are not limited to:

right to life, right to security of person, right to highest attainable standard of health, right to be free from gender-based discrimination, right to be free from gender-based violence, right to be free from degrading treatment, right to education.

  Universal Declaration of Human Rights

Article 3: Everyone has the right to life, liberty and security of person.

Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 26.1: Everyone has the right to education… higher education shall be equally accessible to all on the basis of merit.

  Convention to Eliminate All Forms of Discrimination Against Women

Article 2: States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:

…

(e)To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

(f)To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women; Everyone has the right to the protection of the law against such interference or attacks.

Article 15: States Parties shall accord to women equality with men before the law.

  General recommendations made by the Committee on the Elimination of Discrimination against Women, General Recommendation 19 

7. Gender-based violence, which impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law or under human rights conventions, is discrimination within the meaning of article 1 of the Convention. These rights and freedoms include:

(a) The right to life;

(b) The right not to be subject to torture or to cruel, inhuman or degrading treatment or punishment;

(c) The right to equal protection according to humanitarian norms in time of international or internal armed conflict;

(d) The right to liberty and security of person;

(e) The right to equal protection under the law;

(f) The right to equality in the family;

(g) The right to the highest standard attainable of physical and mental health;

(h) The right to just and favourable conditions of work.

8. The Convention applies to violence perpetrated by public authorities. Such acts of violence may breach that State’s obligations under general international human rights law and under other conventions, in addition to breaching this Convention.

9. It is emphasized, however, that discrimination under the Convention is not restricted to action by or on behalf of Governments (see articles 2(e), 2(f) and 5). For example, under article 2(e) the Convention calls on States parties to take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise. Under general international law and specific human rights covenants, States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation.

…

24. In light of these comments, the Committee on the Elimination of Discrimination against Women recommends that:

(a) States parties should take appropriate and effective measures to overcome all forms of gender-based violence, whether by public or private act;

(b) States parties should ensure that laws against family violence and abuse, rape, sexual assault and other gender-based violence give adequate protection to all women, and respect their integrity and dignity. Appropriate protective and support services should be provided for victims. Gender-sensitive training of judicial and law enforcement officers and other public officials is essential for the effective implementation of the Convention;

(c) States parties should encourage the compilation of statistics and research on the extent, causes and effects of violence, and on the effectiveness of measures to prevent and deal with violence;

(d) Effective measures should be taken to ensure that the media respect and promote respect for women;

(e) States parties in their reports should identify the nature and extent of attitudes, customs and practices that perpetuate violence against women and the kinds of violence that result. They should report on the measures that they have undertaken to overcome violence and the effect of those measures;

(f) Effective measures should be taken to overcome these attitudes and practices. States should introduce education and public information programmes to help eliminate prejudices that hinder women’s equality (recommendation No. 3, 1987);

…  

  International Covenant on Civil and Political Rights

Article 6.1: Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

Article 9.1: Everyone has the right to liberty and security of person.

Article 26: All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

  International Covenant on Economic, Social and Cultural Rights

Article 2:

1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.

2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

3. …

Article 12.1: The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

Article 13:

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:

…

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;

  American Convention on Human Rights

Article 4.1: Every person has the right to have his life respected…

Article 5.1: Every person has the right to have his physical, mental, and moral integrity respected.

Article 7.1: Every person has the right to personal liberty and security.

Article 24: All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.

  American Declaration on the Rights and Duties of Man

Article 1:  Every human being has the right to life, liberty and the security of his person.

Article 2:  All persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor.

Article 12:

Every person has the right to an education, which should be based on the principles of liberty, morality and human solidarity.

Likewise every person has the right to an education that will prepare him to attain a decent life, to raise his standard of living, and to be a useful member of society.

The right to an education includes the right to equality of opportunity in every case, in accordance with natural talents, merit and the desire to utilize the resources that the state or the community is in a position to provide.

Every person has the right to receive, free, at least a primary education.

  Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (“Protocol Of San Salvador”)

Article 3, Obligation of nondiscrimination

The State Parties to this Protocol undertake to guarantee the exercise of the rights set forth herein without discrimination of any kind for reasons related to race, color, sex, language, religion, political or other opinions, national or social origin, economic status, birth or any other social condition.

Article 10, Right to Health

1. Everyone shall have the right to health, understood to mean the enjoyment of the highest level of physical, mental and social well-being.

…

Article 13, Right to Education

1. Everyone has the right to education.

…

3. The States Parties to this Protocol recognize that in order to achieve the full exercise of the right to education:

…

c. Higher education should be made equally accessible to all, on the basis of individual capacity, by every appropriate means, and in particular, by the progressive introduction of free education;

…

[newsandnorms]

Leaks of CIA torture report show that torture was widespread, did not provide key evidence to find bin Laden and resulted in the deaths of at lest five suspects.

Despite its inherent secrecy, the contours of the CIA report's findings have slowly become public, thanks to a steady flow of leaks already coming from various government officials in the past seven days.

The Associated Press disclosed on Sunday that the report concludes torture "provided no key evidence in the hunt for Osama bin Laden", despite statements to the contrary from former government officials like Dick Cheney.

The Washington Post published some more details on Monday, including that the CIA used FBI intelligence gained through humane interrogation – then laundered it through the torture program to justify torturing even more – and that officials continued to order torture on prisoners after they had no more information to give.

The next day, McClatchy reported that the investigation includes the horrid details of at least five suspects to die in CIA custody, including "the death of Gul Rahman, an Afghan who was shackled, doused with cold water and left in a cold cell partially clothed until he died of hypothermia", and "Manadal al Jamadi, who reportedly died after he was hung in a crucifixion-like pose and his head had been covered with a plastic bag."

http://www.theguardian.com/commentisfree/2014/apr/05/leak-cia-report-torture-redacted-transparency

  Human rights at issue include, but are not limited to:

right to be free from torture, degrading treatment or punishment; right to dignity; right to life; right to recognition before the law; right to be free from arbitrary arrest or detention; right to highest attainable standard of physical and mental health.

  Universal Declaration of Human Rights

Article 3: Everyone has the right to life, liberty and security of person.

Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 9: No one shall be subjected to arbitrary arrest, detention or exile.

  International Covenant on Civil and Political Rights

Article 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

Article 9:

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Article 10.1: All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. Article 16: Everyone shall have the right to recognition everywhere as a person before the law.

  ICCPR, Forty-fourth session, 1992.

General Comment No. 20: Replaces general comment 7 concerning prohibition of torture and cruel treatment or punishment (Art. 7) : . 03/10/1992. General Comment 20.

2. The aim of the provisions of article 7 of the International Covenant on Civil and Political Rights is to protect both the dignity and the physical and mental integrity of the individual. It is the duty of the State party to afford everyone protection through legislative and other measures as may be necessary against the acts prohibited by article 7, whether inflicted by people acting in their official capacity, outside their official capacity or in a private capacity. The prohibition in article 7 is complemented by the positive requirements of article 10, paragraph 1, of the Covenant, which stipulates that “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person”.

3. The text of article 7 allows of no limitation. The Committee also reaffirms that, even in situations of public emergency such as those referred to in article 4 of the Covenant, no derogation from the provision of article 7 is allowed and its provisions must remain in force. The Committee likewise observes that no justification or extenuating circumstances may be invoked to excuse a violation of article 7 for any reasons, including those based on an order from a superior officer or public authority.

4. The Covenant does not contain any definition of the concepts covered by article 7, nor does the Committee consider it necessary to draw up a list of prohibited acts or to establish sharp distinctions between the different kinds of punishment or treatment; the distinctions depend on the nature, purpose and severity of the treatment applied.

5. The prohibition in article 7 relates not only to acts that cause physical pain but also to acts that cause mental suffering to the victim...

  Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Article 1:

1. For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.

Article 2:

1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.

3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

Article 4

1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.

2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.

  International Covenant on Economic, Social and Cultural Rights

Article 12.1: The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

  CESCR, Twenty-second session, 2000.

The right to the highest attainable standard of health (Art. 12) : 08/11/2000. E/C.12/2000/4. General Comment 14.

3. The right to health is closely related to and dependent upon the realization of other human rights, as contained in the International Bill of Rights, including the rights to food, housing, work, education, human dignity, life, non-discrimination, equality, the prohibition against torture, privacy, access to information, and the freedoms of association, assembly and movement. These and other rights and freedoms address integral components of the right to health.

...

I. NORMATIVE CONTENT OF ARTICLE 12

7. Article 12.1 provides a definition of the right to health, while article 12.2 enumerates illustrative, non-exhaustive examples of States parties' obligations.

8. The right to health is not to be understood as a right to be healthy. The right to health contains both freedoms and entitlements. The freedoms include the right to control one's health and body, including sexual and reproductive freedom, and the right to be free from interference, such as the right to be free from torture, non-consensual medical treatment and experimentation. By contrast, the entitlements include the right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health.

  A/RES/43/173. 76th plenary meeting. 9 December 1988. 43/173. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment  

Principle 1: All persons under any form of detention or imprisonment shall be treated in a humane manner and with respect for the inherent dignity of the human person.

  American Convention on Human Rights

Article 5. Right to Humane Treatment

1. Every person has the right to have his physical, mental, and moral integrity respected.

2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person.

Article 7. Right to Personal Liberty

1. Every person has the right to personal liberty and security.

2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto.

3. No one shall be subject to arbitrary arrest or imprisonment.

4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against him.

  Inter-American Convention to Prevent and Punish Torture

Article 2

For the purposes of this Convention, torture shall be understood to be any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.

The concept of torture shall not include physical or mental pain or suffering that is inherent in or solely the consequence of lawful measures, provided that they do not include the performance of the acts or use of the methods referred to in this article.

Article 3

The following shall be held guilty of the crime of torture:

a. A public servant or employee who acting in that capacity orders, instigates or induces the use of torture, or who directly commits it or who, being able to prevent it, fails to do so.

b. A person who at the instigation of a public servant or employee mentioned in subparagraph (a) orders, instigates or induces the use of torture, directly commits it or is an accomplice thereto.

Article 5

The existence of circumstances such as a state of war, threat of war, state of siege or of emergency, domestic disturbance or strife, suspension of constitutional guarantees, domestic political instability, or other public emergencies or disasters shall not be invoked or admitted as justification for the crime of torture.

Neither the dangerous character of the detainee or prisoner, nor the lack of security of the prison establishment or penitentiary shall justify torture.

  Editors Note: While some in the US have insisted that waterboarding is not torture (which is a claim that almost certainly rests, at least in part, on the United States' reservations to the CAT and the ICCPR), the highest ranking UN Human Rights officials do classify waterboarding as either torture or cruel, inhuman and degrading treatment.

From a 2008 story: "The controversial interrogation technique known as waterboarding and used by the United States qualifies as torture, the U.N. human rights chief said on Friday. 'I would have no problems with describing this practice as falling under the prohibition of torture,' the U.N. High Commissioner for Human Rights, Louise Arbour, told a news conference in Mexico City."

Also in 2008, Professor Bent Sørensen, Senior Medical Consultant to the IRCT and former member of the United Nations Committee against Torture:

“It’s a clear-cut case: Waterboarding can without any reservation be labelled as torture”, says Prof. Sørensen. “It fulfils all of the four central criteria that according to the United Nations Convention against Torture (UNCAT) defines an act of torture.” He explains:

“First, when water is forced into your lungs in this fashion, in addition to the pain you are likely to experience an immediate and extreme fear of death. You may even suffer a heart attack from the stress or damage to the lungs and brain from inhalation of water and oxygen deprivation. In other words there is no doubt that waterboarding causes severe physical and/or mental suffering – one central element in the UNCAT’s definition of torture”.

“In addition,” he continues, “the CIA’s waterboarding clearly fulfils the three additional definition criteria stated in the Convention for a deed to be labelled torture, since it is 1) done intentionally, 2) for a specific purpose and 3) by a representative of a state – in this case the US.”

“Finally,” says Prof. Sørensen, “it should not be forgotten that the consequences of torture – including waterboarding - are often long-lasting or even chronic. For instance, anxiety attacks, depression and Post-Traumatic Stress Disorder are very common sequelae after torture, regardless of course, whether the victim is guilty or innocent. So torture is never just a momentary infliction of suffering.”

In a 2010 interview, the UN Special Rapporteur on Torture, Juan Mendéz (who remains the Special Rapporteur as of the posting of this entry), said this about waterboarding and other 'enhanced interrogation techniques and practices' by the CIA:

MARK COLVIN: There's no question that in international law waterboarding is torture?

JUAN MENDEZ: I don't think there is any question, any serious question. I mean it's a question of severity. If you think that waterboarding is not severe mistreatment you don't really know what waterboarding is. But you know if just with the definition that it's designed to create a sensation of asphyxia, you can tell that it's severe. There's just no other way.

I mean if you then redefine upwards the severity standard to say that it's only severe if it's organ failure or death, then you know you're really very clearly distorting the sense of the words and you know words have to be interpreted in treaty language, they have to be interpreted in their plain meaning and their plain meaning couldn't be more clear in the case of waterboarding.

MARK COLVIN: How about some other things that the administration, the Bush administration lawyers said the CIA could do, along with waterboarding; depriving the prisoner of sleep for more than seven days straight, physically slamming him into a wall, cramming him into a small box, placing him in stress positions to increase discomfort and dowsing him with cold water. How about those things?

JUAN MENDEZ: Well here the disingenuous argument is that you know each one of those, depending on the circumstances, could be either cruel, inhuman and degrading treatment or, if it's more severe, it's clearly torture. But what they don't say is the accumulation of all of them in the single individual is clearly torture.

I would rather, you know, follow the rulings of the European Court of Human Rights that said you know any violence against a detainee that is not motivated by his own conduct is clearly prohibited. And by the way cruel, inhuman and degrading treatment is prohibited. It's a, the memo tends to say well you won't be prosecuted but it doesn't clearly say but you're violating the law anyway.

[newsandnorms]

BP confirms Whiting refinery oil spill into Lake Michigan, which is the source of drinking water for millions

A malfunction at the BP refinery in Whiting forced a slug of crude oil into Lake Michigan on Monday, the company confirmed today. It was not immediately clear how much oil spilled into the lake or how long the discharge continued. A spokesman for the Indiana Department of Environmental Management said the leak was plugged by 1 a.m. today. The effect on Lake Michigan, the source of drinking water for 7 million people in Chicago and the suburbs, likely won’t be determined for several days. Emergency response crews from the U.S. Environmental Protection Agency and the U.S. Coast Guard are on the scene.

http://my.chicagotribune.com/#section/-1/article/p2p-79721081/

  Human rights at issue include, but are not limited to:

right to water (including non-interference with other rights); right to life; right to sanitation; right to highest attainable standard of health; right to housing.

  Universal Declaration of Human Rights

Article 3: Everyone has the right to life, liberty and security of person.

Article 25.1: Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

  International Covenant on Economic, Social and Cultural Rights

Article 11.1: The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.

Article 12:

1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:

…

(b) The improvement of all aspects of environmental and industrial hygiene;

…

  General Comment No. 15 (2002): The right to water (arts. 11 and 12 of the International Covenant on Economic, Social and Cultural Rights)

Paragraph 3: Article 11, paragraph 1, of the [ICESCR] specifies a number of rights emanating from, and indispensable for, the realization of the right to an adequate standard of living “including adequate food, clothing and housing”. The use of the word “including” indicates that this catalogue of rights was not intended to be exhaustive. The right to water clearly falls within the category of guarantees essential for securing an adequate standard of living, particularly since it is one of the most fundamental conditions for survival. Moreover, the Committee has previously recognized that water is a human right contained in article 11, paragraph 1, (see General Comment No. 6 (1995)). The right to water is also inextricably related to the right to the highest attainable standard of health (art. 12, para. 1) and the rights to adequate housing and adequate food (art. 11, para. 1). The right should also be seen in conjunction with other rights enshrined in the International Bill of Human Rights, foremost amongst them the right to life and human dignity.

Paragraph 8: Environmental hygiene, as an aspect of the right to health under article 12, paragraph 2 (b), of the Covenant, encompasses taking steps on a non-discriminatory basis to prevent threats to health from unsafe and toxic water conditions. For example, States parties should ensure that natural water resources are protected from contamination by harmful substances and pathogenic microbes. Likewise, States parties should monitor and combat situations where aquatic eco-systems serve as a habitat for vectors of diseases wherever they pose a risk to human living environments.

Paragraph 12. While the adequacy of water required for the right to water may vary according to different conditions, the following factors apply in all circumstances:

(a) Availability. The water supply for each person must be sufficient and continuous for personal and domestic uses. These uses ordinarily include drinking, personal sanitation, washing of clothes, food preparation, personal and household hygiene. The quantity of water available for each person should correspond to World Health Organization (WHO) guidelines. Some individuals and groups may also require additional water due to health, climate, and work conditions;

(b) Quality. The water required for each personal or domestic use must be safe, therefore free from micro-organisms, chemical substances and radiological hazards that constitute a threat to a person’s health. Furthermore, water should be of an acceptable colour, odour and taste for each personal or domestic use.

  International Covenant on Civil and Political Rights

Article 6.1: Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

  Convention on the Rights of the Child

Article 24:

1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.

2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures:

…

(c) To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;

  Convention to Eliminate All Forms of Discrimination Against Women

Article 14.12: States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right:

(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.

  Convention on the Elimination of All Forms of Racial Discrimination

Article 5: In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:

…

(d) Other civil rights, in particular:

…

(iii) The right to housing;

(iv) The right to public health, medical care, social security and social services;

…

  Convention on the Rights of Persons with Disabilities

1. States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.

2. States Parties recognize the right of persons with disabilities to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of this right, including measures:

To ensure equal access by persons with disabilities to clean water services, and to ensure access to appropriate and affordable services, devices and other assistance for disability-related needs;

  American Declaration on the Rights and Duties of Man

Article 11:  Every person has the right to the preservation of his health through sanitary and social measures relating to food, clothing, housing and medical care, to the extent permitted by public and community resources.

  Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (“Protocol Of San Salvador”)

Article 10, Right to Health

1. Everyone shall have the right to health, understood to mean the enjoyment of the highest level of physical, mental and social well-being.

2. In order to ensure the exercise of the right to health, the States Parties agree to recognize health as a public good and, particularly, to adopt the following measures to ensure that right:

…

f. Satisfaction of the health needs of the highest risk groups and of those whose poverty makes them the most vulnerable.

Article 11, Right to a Healthy Environment:

1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.

2. The States Parties shall promote the protection, preservation, and improvement of the environment.

  See also: Resolution adopted by the General Assembly on 28 July 2010: 64/292. The human right to water and sanitation