Sub-theme
6. Innovation for Water Governance and Management
Topic
6-7. Role of national and international law
Body
France is a country where the vast majority of the population has access to drinking water and sanitation in acceptable conditions. However there are still categories of the population who lack this access, both in the metropolitan and in the over-seas territories. Often considered as the country of the human rights with the adoption of the Declaration of the Human and the Citizen’s Rights in 1789, still included in its current constitution, France has introduced a recognition of the right to water and sanitation in its national legal framework by adopting a step by step and evolutionary approach. However the result is that the legal framework regarding the human right to water and sanitation remains scattered, despite reaching undeniable and very positive progress. The presentation will give an overview of the legal framework in France, including its obligation under its international and European (as member of the EU) commitments, and it will show how progress was achieved. The analysis comprises the study of the relevant legislation and policies adopted towards this objective and their evolution. It will also consider the judiciary actions of humanitarian NGOs and other groups acting near marginalized population and study the resulting case law, which has also contributed to capitalizing on important principles aiming at allowing access to water and sanitation for all in France. Through this double approach (legislation and policy, and case-law) the progress in France achieved will be carefully assessed as per the international criteria (Human rights and SDGs 6.1 & 2), given due consideration to the specific legal and institution framework of the country, as well as referring to its historical background. This evolution has allowed reaching important achievements such the banning of cutting water, the introduction and generalization of the social fare for water. However problems remains, mainly in the over-seas territories who still experience water cuts. The presentation will conclude with lessons learnt that could be adapted in other situations.