Helen Keller’s research while affiliated with University of Zurich and other places

This article evaluates the European Court of Human Rights (ECtHR) approach to the right to water, drawing on three key aspects characterizing a minimum core right to water: quality, availability and accessibility. The article argues that the right to water should be seen as a civil right, which can be directly enforced by the ECtHR, rather than being adjudicated as a programmatic right subject to a wide margin of appreciation. Currently, the Court pursues two tracks in water-related cases. On the one hand, it considers the right to water as a right that should be realized progressively and is subject to a wide margin of appreciation. On the other hand, in relation to prisoner and asylum seekers' rights, the Court has recognized that limited access to water can constitute ill treatment contrary to Article 3. Finally, the right to water faces obstacles to its adequate enforcement before the Court as litigants must show that they are victims of water-related damage and they suffer individually.