Title: Non-access to water as human right violation? International protection and the application of the non-refoulement principle under the human rights legal instruments

Authors: Victoria Banti-Markouti

Addresses: Neofytou Vamva 6, PC 10 674, Athens, Greece

Abstract: The importance of water for the human life has been legally and officially recognised through its recent recognition as a human right. Non-access to water has led people to flee from their home countries seeking international protection. The main question to be answered is whether water deprivation or prohibition to access to water by state or non-state actors could amount to human right violation or even to torture and inhuman treatment. If this is the case could water deprivation as such be actually considered as a valid ground for refugee or subsidiary protection? For this purpose, the methods of protection under international and European refugee law instruments will be assessed.

Keywords: water as human right; torture; inhuman treatment; refugee protection; subsidiary protection; environmental refugees; access to water; human rights; international protection; non-refoulement principle; water deprivation; refugee law instruments.

DOI: 10.1504/IJHRCS.2014.060464

International Journal of Human Rights and Constitutional Studies, 2014 Vol.2 No.1, pp.19 - 26

Received: 14 Sep 2013
Accepted: 05 Oct 2013
Published online: 24 May 2014 *

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