Quiet Revolution

From Wikipedia, the free encyclopedia

https://en.wikipedia.org/wiki/Quiet_Revolution

The Quiet Revolution (French: Révolution tranquille) refers to a significant period of socio-political and socio-cultural transformation in French Canada, particularly in Quebec, following the election of 1960. This period was marked by the secularization of the government, the establishment of a state-administered welfare state known as the état-providence, a shift in political alignment toward federalist and sovereigntist (or separatist) factions, and the eventual election of a pro-sovereignty provincial government in the 1976 election. While the Quiet Revolution is often associated with the efforts of the Liberal Party of Quebec's government led by Jean Lesage (elected in 1960) and, to some extent, Robert Bourassa (elected in 1970 after Daniel Johnson of the Union Nationale in 1966), its profound impact has influenced the policies of most provincial governments since the early 1960s.

A primary change was an effort by the provincial government to assume greater control over healthcare and education, both of which had previously been under the purview of the Catholic Church. To achieve this, the government established ministries of Health and Education, expanded the public service, made substantial investments in the public education system, and permitted the unionization of the civil service. Additionally, measures were taken to enhance Quebecois control over the province's economy, including the nationalization of electricity production and distribution, the creation of the Canada/Québec Pension Plan, and the establishment of Hydro-Québec in an effort to nationalize Quebec's electric utilities. Furthermore, during this period, French Canadians in Quebec adopted the term 'Québécois' to distinguish themselves from both the rest of Canada and France, solidifying their identity as a reformed province.

The Quiet Revolution ushered in a period of significant economic and social development not only in Quebec but also in French Canada and Canada as a whole. This transformation coincided with similar developments occurring in the Western world in general. Notably, it brought about notable changes to the physical landscape and social structures of Montreal, Quebec's principal city. The impact of the Quiet Revolution extended beyond Quebec's borders, influencing contemporary Canadian politics. Concurrent with the rise of Quebecois nationalism during this era, French Canadians made substantial strides in shaping the structure and direction of the federal government and national policies.

On March 28, 1969, a significant street demonstration took place in Montreal, known as Operation McGill français. The primary objective of this protest was to advocate for McGill University to become a French-speaking educational institution.

Origins

The hill leading to Place d'Armes in Montreal, an important historic site of French Canada

"Maîtres chez nous" (Masters in Our Own Home) was the electoral slogan of the Liberal Party during the 1962 election.

The 1950s tenure of Quebec Premier Maurice Duplessis epitomized the conservative ideal of a religiously and culturally pure Québec, and became known among liberals as the Grande Noirceur (Great Darkness), although the Richard Riot of 1955 may have signaled growing submerged forces. Soon after Duplessis' death, the June 1960 provincial election installed the Liberal provincial government of Jean Lesage, and the Quiet Revolution began.

Prior to the 1960s, the government of Québec was controlled by the conservative Duplessis, leader of the Union Nationale party. Not all the Catholic Church supported Duplessis - some Catholic unions and members of the clergy criticized him, including Montreal Archbishop Joseph Charbonneau - but the bulk of the small-town and rural clergy supported him. Some quoted the Union Nationale slogan Le ciel est bleu, l'enfer est rouge (The sky (Heaven) is blue, Hell is red) as a reference to the colors of the Union Nationale (blue) and the Liberals (red), the latter accused often of being pro-communist. Radio-Canada, the newspaper Le Devoir and political journal Cité Libre were intellectual forums for critics of the Duplessis Government.

Prior to the Quiet Revolution, the province's natural resources were developed mainly by foreign investors, such as the US-based Iron Ore Company of Canada. In the spring of 1949, a group of 5,000 asbestos miners went on strike for three months against a foreign corporation. They were supported by Monsignor Charbonneau (Bishop of Montreal), the Québécois nationalist newspaper Le Devoir, and a small group of intellectuals. Until the second half of the 20th century, the majority of Francophone Québec workers lived below the poverty line, and Francophones did not join the executive ranks of the businesses of their own province. Political activist and singer Félix Leclerc wrote: "Our people are the waterboys of their own country."

In many ways, Duplessis's death in 1959, quickly followed by the sudden death of his successor Paul Sauvé, triggered the Quiet Revolution. The Liberal Party, led by Jean Lesage and campaigning under the slogans Il faut que ça change ("Things have to change") and Maîtres chez nous ("Masters of our own house", a phrase coined by Le Devoir editor André Laurendeau), was voted into power within a year of Duplessis's death.

It is generally accepted that the revolution ended before the October Crisis of 1970, but Québec society has continued to change dramatically since then, notably with the rise of the sovereignty movement, evidenced by the election of the sovereigntist Parti Québécois (first in 1976 by René Lévesque), the formation of a sovereigntist political party representing Québec on the federal level, the Bloc Québécois (founded in 1991 by Lucien Bouchard), as well as the 1980 and 1995 sovereignty referendums.Some scholars argue that the rise of the Québec sovereignty movement during the 1970s is also part of this period.

Secularization and education

The Canadian Constitution of 1867 made education the responsibility of the province. Québec set up a Ministry of Public Instruction in 1868 but abolished it in 1875 under pressure from the Catholic Church. The clergy believed it would be able to provide appropriate teaching to young people and that the province should not interfere. By the early 1960s, there were more than 1,500 school boards, each responsible for its own programs, textbooks and the recognition of diplomas according to its own criteria.

In addition, until the Quiet Revolution, higher education was accessible to only a minority of French Canadians because of the generally low level of formal education and the expense involved. Moreover, secondary schools had placed a lot more emphasis on the liberal arts and soft sciences than the hard sciences.

Université du Québec à Montréal

Following World War II, while most of the United States and Canada was enjoying a long period of prosperity and modernization, economic growth was slower in Québec. The level of formal schooling among French-Canadians was quite low: only 13% finished grade 11, as opposed to 36% of English Canadians. One of the most scathing attacks on the educational system was levelled by Brother Jean-Paul Desbiens, writing under the pseudonym of Frère Untel. The publication of his book Les insolences du Frère Untel (1960) quickly sold over 100,000 copies and has come to be recognized as having important impact on the beginning of the Quiet Revolution.

Alphonse-Marie Parent presided over a commission established in 1961 to study the education system and bring forth recommendations, which eventually led to the adoption of several reforms, the most important of which was secularization of the education system. In 1964 a Ministry of Education was established with Paul Gérin-Lajoie appointed the first Minister of Education since 1875. Although schools maintained their Catholic or Protestant character, in practice they became secular institutions. Reforms included raising the age for compulsory schooling from 14 to 16; providing free schooling until the 11th grade; reorganizing school boards; standardizing school curricula; and replacing classical colleges, first with CEGEPs (publicly funded pre‑university colleges) in 1965, then the Université du Québec network in 1969. The reforms were an effort to improve access to higher education, geographically and financially. Additionally, more emphasis was placed on the hard sciences, and there was now work for the Québécois who had previously needed to leave the province in order to find jobs in their preferred fields. For example, the opening of Hydro-Québec meant that skilled engineers needed to be hired.

Also during this period the Ministry of Social Affairs was created, which in June 1985 became the Ministry of Health and Social Services, responsible for the administration of health and social services in the province.

The Quiet Revolution combined declericalization with the radicalized implementation of Vatican II. There was a dramatic change in the role of nuns, which previously had attracted 2–3% of Québec's young women. Many left the convent while very few young women entered. The Provincial government took over the nuns' traditional role as provider of many of Québec's educational and social services. Often ex-nuns continued the same roles in civilian dress; and for the first time men started entering the teaching profession.

Also during the time of the Quiet Revolution, Quebec experienced a large drop in the total fertility rate (known as TFR: the lifetime average number of live births per woman of child-bearing age) falling from 3.8 in 1960 to 1.9 in 1970. According to a study commissioned in 2007 by The Québec Ministry of Families, Seniors and Status of Women on possible ways to address problems related to a by then even lower TFR (1.6) "Starting in 1960, Québec experienced a drop in fertility that was so sharp and rapid, it was almost unparalleled in the developed countries."

In the 2003 article "Where Have All the Children Gone?", published in the academic journal Canadian Studies in Population by Professor Catherine Krull of Queen's University and Professor Frank Trovato of The University of Alberta, point to the decline in influence of the Roman Catholic Church over the lives of French-Canadians as one of the causes of the great reduction in the TFR during the Quiet Revolution. Per Professor Claude Belanger of Montreal's Marianopolis College the loss of influence of the Roman Catholic Church and subsequent abandonment of long adhered to Church teachings concerning procreation was a key factor in Quebec going from having the highest provincial birth rate in 1960 to the lowest in 1970.

Economic reforms

Hydro-Québec's Jean-Lesage generating station, formerly known as Manic-2, built between 1961 and 1965.

Seeking a mandate for its most daring reform, the nationalization of the province's electric companies under Hydro-Québec, the Liberal Party called for a new election in 1962. The Liberal party was returned to power with an increased majority in the Legislative Assembly of Québec and within six months, René Lévesque, Minister of Natural Resources, enacted his plans for Hydro-Québec. The Hydro-Québec project grew to become an important symbol in Québec. It demonstrated the strength and initiative of the Québec government and was a symbol of the ingenuity of Québécois in their capability to complete such an ambitious project. The original Hydro-Québec project ushered in an era of "megaprojects" that would continue until 1984, seeing Québéc's hydroelectric network grow and become a strong pillar of the province. Today, Hydro-Québec remains a crucial element to the Québec economy, with annual revenues of $12.7 billion Canadian dollars, $1.1 billion going directly into the province's coffers.

Hydro-Québec headquarters in Montréal

More public institutions were created to follow through with the desire to increase the province's economic autonomy. The public companies SIDBEC (iron and steel), SOQUEM (mining), REXFOR (forestry) and SOQUIP (petroleum) were created to exploit the province's natural resources. This was a massive shift away from the Duplessis era in which Québec's abundant natural resources were hardly utilized. Duplessis' policy was to sell off untransformed natural resources at bargain prices in order to create more employment in Québec's regions. This strategy, however, proved weak as Québec's natural resources were exploited for little profit. The shift in mentality of the Quiet Revolution allowed Québec to gain further financial autonomy by accessing this area of the economy which, as is evidenced by Hydro-Québec, is extremely profitable. The Société générale de financement (General financing corporation) was created in 1962 to encourage Québécois to invest in their economic future and to increase the profitability of small companies. In 1963, in conjunction with the Canada Pension Plan the government of Canada authorized the province to create its own Régie des Rentes du Québec (RRQ, Québec Pension Plan); universal contributions came into effect in 1966. The Caisse de dépôt et placement du Québec (CDPQ, Québec Deposit and Investment Fund) was created in 1965 to manage the considerable revenues generated by the RRQ and to provide the capital necessary for various projects in the public and private sectors.

A new labour code (Code du Travail) was adopted in 1964. It made unionizing much easier and gave public employees the right to strike. It was during the same year that the Code Civil (Civil Code) was modified to recognize the legal equality of spouses. In case of divorce, the rules for administering the Divorce Act were retained using Québéc's old community property matrimonial regime until 1980, when new legislation brought an automatic equal division of certain basic family assets between spouses.

Nationalism

The societal and economic innovations of the Quiet Revolution, which empowered Québec society, emboldened certain nationalists to push for political independence. While visiting Montreal for Expo 67, General Charles de Gaulle proclaimed Vive le Québec libre! in a speech at Montreal City Hall, which gave the Québec independence movement further public credibility. In 1968, the sovereigntist Parti Québécois was created, with René Lévesque as its leader. A small faction of Marxist sovereignists began terrorist actions as the Front de libération du Québec, the zenith of their activities being the 1970 October Crisis, during which British diplomat James Cross as well as Labour Minister Pierre Laporte were both kidnapped by FLQ cells, with Laporte eventually being killed.

The Parti Québécois twice led the Québécois people through unsuccessful referendums, the first in 1980 on the question of political sovereignty with economic association to Canada (also known as sovereignty association), and the second in 1995 on full sovereignty.

In 1977, during their first term in office, the Parti Québécois enacted the Charter of the French Language, known more commonly as Bill 101, whose goal is to protect the French language by making it the language of business in Québec, as well as restricting the use of English on signs. The bill also restricted the eligibility for elementary and high school students to attend school in English, allowing this only for children of parents who had studied in English in Québec. Children may also be eligible for English education if their parents or grandparents received a certain amount of English education outside of the province (ex. another Canadian province). Once a child has been permitted to attend an English primary or high school, the remaining children in that family are also granted access. This bill still stands today, although many reforms have been made in an attempt to make it less harsh.

Historiography

Several historians have studied the Quiet Revolution, presenting somewhat different interpretations of the same basic facts. For example, Cuccioletta and Lubin raised the question of whether it was an unexpected revolution or an inevitable evolution of society. Behiels asked, how important are economic factors such as outside control of Québec's finance and industry? Was the motivating force one of liberalism or one of nationalism? Gauvreau raised the issues of religious factors, and of the changes going on inside the Catholic Church. Seljak felt that the Catholic Church could have responded with a more vocal opposition.

A revolution or a natural course of action?

Modern Québec historians have brought some nuance to the importance of the Quiet Revolution. Though the improvements made to Québec society during this era make it seem like an extremely innovative period, it has been posited that these changes follow a logical revolutionary movement occurring throughout the Western world in the 1960s. Québec historian Jacques Rouillard ^[fr] took this revisionist stance in arguing that the Quiet Revolution may have accelerated the natural evolution of Quebec's francophone society rather than having turned it on its head.

Several arguments support this view. From an economic perspective, Quebec's manufacturing sector had seen important growth since the Industrial Revolution. Buoyed by significant manufacturing demand during World War I and World War II, the Québec economy was already expanding before the events of the Quiet Revolution.

Rouillard also argues that traditional portrayals of the Quiet Revolution falsely depict it as the rise of Liberalism in Québec. He notes the popularity enjoyed by federal Liberal Prime Minister Sir Wilfrid Laurier as well as the Premiership of Adélard Godbout as examples of Québec Liberalism prior to the events of the Quiet Revolution. The Godbout administration was extremely innovative. Its achievements include nationalizing the electricity distribution network of the city of Montreal, granting universal suffrage, instituting mandatory schooling until the age of 14 and establishing various social programs in Québec.

The perception of the Quiet Revolution as a great upheaval in Québec society persists, but the revisionist argument that describes this period as a natural continuation of innovations already occurring in Québec cannot be omitted from any discussion on the merits of the Quiet Revolution. The historiography of the period has been notably explored by Ronald Rudin, who describes the legacy of the Lesage years in the depiction of what preceded them. Though criticized as apologists for Duplessis, Robert Rumilly and Conrad Black did add complexity to the narrative of neo-nationalists by contesting the concept of a "Grande Noirceur," the idea that Duplessis's tenure in office was one of reactionary policies and politics. Dale Thomson, for his part, noted that Jean Lesage, far from seeking to dismantle the traditional order, negotiated a transition with (and sought to accommodate) Québéc's Catholic Church. Several scholars have lately sought to mediate the neo-nationalist and revisionist schools by looking at grassroots Catholic activism and the Church's involvement in policy-making.

Federal politics

Politics at the federal level were also in flux. In 1957, the federal government passed the Hospital Insurance and Diagnostic Services Act. This was, effectively, the beginning of a pan-Canadian system of public health insurance. In 1961, Prime Minister Diefenbaker instituted the National Hospital Insurance Plan, the first public health insurance plan adhered to by all the provinces. In 1966, the National Medicare program was created.

Federal politics were further influenced by the election of Pierre Elliot Trudeau in 1968. The rise to power of arguably Canada's most influential Prime Minister was unique in Canadian politics. The charisma and charm he displayed throughout his whirlwind campaign swept up much of the country in what would be referred to as Trudeaumania. Before the end of the 1960s, Trudeau would pass the Official Languages Act (1969), which aimed to ensure that all federal government services were available in both of Canada's official languages. By the end of the 1960s, Trudeau had also passed legislation decriminalizing homosexuality and certain types of abortion.

Municipal politics

Montreal municipal politics were also going through an important upheaval. Jean Drapeau became Montreal mayor on October 24, 1960. Within the first few years of his tenure, Drapeau oversaw a series of infrastructure projects, including the expansion of Dorval airport (now Montréal–Pierre Elliott Trudeau International Airport), the opening of the Champlain bridge and the renaissance of Old Montreal. He also oversaw the construction and inauguration of Place des Arts. Drapeau was also instrumental in the construction of the Montreal metro system, which was inaugurated on October 14, 1966. Under Drapeau, Montreal was awarded the 1967 International and Universal Exposition (Expo 67), whose construction he oversaw. He was also one of the key politicians responsible for National League of baseball granting Montreal a franchise, the now-defunct Montreal Expos. Another of Drapeau's major projects was obtaining and holding the 1976 Summer Olympics.

Important figures

• Pierre Bourgault
• Thérèse Casgrain
• Michel Chartrand
• Jean Drapeau
• Paul Gérin-Lajoie
• Eric Kierans
• Pierre Laporte
• Jean Lesage
• René Lévesque
• Maurice Duplessis
• Gilles Vigneault
• Claire Kirkland-Casgrain
• Lucien Bouchard

Zero population growth

From Wikipedia, the free encyclopedia

https://en.wikipedia.org/wiki/Zero_population_growth

Zero population growth, sometimes abbreviated ZPG, is a condition of demographic balance where the number of people in a specified population neither grows nor declines; that is, the number of births plus in-migrants equals the number of deaths plus out-migrants. ZPG has been a prominent political movement since the 1960s.

As part of the concept of optimum population, the movement considers zero population growth to be an objective towards which countries and the whole world should strive in the interests of accomplishing long-term optimal standards and conditions of living.

Definition

The growth rate of a population in a given year equals the number of births minus the number of deaths plus immigration minus emigration expressed as a percentage of the population at the beginning of the given year.

For example, suppose a country begins a year with one million people and during the year experiences one hundred thousand births, eighty thousand deaths, one thousand immigrants and two hundred emigrants. 

          Change in population = 100,000 – 80,000 +1,000 – 200 = 20,800

          Population growth rate = (20,800 ÷ 1,000,000) x 100% = 2.1%

Zero population growth for a country occurs when the sum of these four numbers – births minus deaths plus immigration minus emigration - is zero.

To illustrate, suppose a country begins the year with one million people and during the year experiences 85,000 births, 86,000 deaths, 1,500 immigrants and 500 emigrants.         

          Change in population = 85,000 – 86,000 + 1,500 – 500 = 0

          Population growth rate = (0 ÷ 1,000,000) x 100% = 0%

For the planet Earth as a whole, zero population growth occurs when the number of births equals the number of deaths.

History

The American sociologist and demographer Kingsley Davis is credited with coining the term. However, it was used earlier by George J. Stolnitz, who stated that the concept of a stationary population dated back to 1693. A mathematical description was given by James Mirrlees.

In the late 1960s, ZPG became a prominent political movement in the U.S. and parts of Europe, with strong links to environmentalism and feminism. Yale University was a stronghold of the ZPG activists who believed "that a constantly increasing population is responsible for many of our problems: pollution, violence, loss of values and of individual privacy." Prominent advocates of the movement were Paul Ehrlich, author of The Population Bomb, Richard Bowers, a Connecticut lawyer, and Professor Charles Lee Remington.

Mechanisms

In the long term, zero population growth can be achieved when the birth rate of a population equals the death rate. That is, the total fertility rate is at replacement level and birth and death rates are stable, a condition also called demographic equilibrium. Unstable rates can lead to drastic changes in population levels. This analysis is valid for the planet as a whole, but not necessarily for a region or country as it ignores migration.

Population momentum. Even when the total fertility rate of a population reaches replacement level, that population usually continues to grow because of population momentum. A population that has been growing in the past will have a higher proportion of young people. As it is younger people who have children, there is a time lag between the point at which the fertility rate (mean total number of children each woman has) falls to the replacement level and the point at which the population stops growing. The reason for this is that even though the fertility rate has dropped to replacement level, people already continue to live for some time within a population. Therefore, equilibrium, with a static population, will not be reached until the first "replacement level" birth cohorts reach old age and die.

Aging populations. Conversely, with fertility below replacement, the fraction of elderly grows; but since that generation failed to replace itself during its fertile years, a subsequent "population bust", or decrease in population, will occur when the older generation dies off. This effect has been termed birth dearth. In addition, if a country's fertility is at replacement level, and has been that way for at least several decades (to stabilize its age distribution), then that country's population could still experience growth due to increasing life expectancy, even though the population growth is likely to be smaller than it would be from natural population increase.

Reaching zero population growth

Zero population growth is often a goal of demographic planners and environmentalists who believe that reducing population growth is essential for the health of the ecosystem. Achieving ZPG in the short run is difficult because a country's population growth is often determined by economic factors, incidence of poverty, natural disasters, disease, etc.

Albert Bartlett, who was a professor of physics at the University of Colorado at Boulder, suggested that a population has the following choices to achieve ZPG:

1. Voluntarily limit births and immigration to achieve zero population growth;
2. Continue on the present path until the population is so large that draconian measures become necessary to stop the growth of population;
3. Do nothing and let nature stop the growth through disease, starvation, war, and pestilence. If humans do not solve the problem, nature will.

Similarly, Jason Brent argues that there are three ways to achieve zero population growth. His argument is as follows:

1. By war, with or without weapons of mass destruction, starvation, disease, rape, murder, ethnic cleansing, concentration camps, and other horrors beyond the imagination, when humanity has exceeded the carrying capacity of the Earth.
2. By the voluntary action of all of humanity prior to the human population exceeding the carrying capacity of the Earth. If any group or even if a single-family failed to control its population the entire program would fail.
3. By coercive population control prior to the human population exceeding the carrying capacity of the Earth.

A loosely defined goal of ZPG is to match the replacement fertility rate, which is the average number of children per woman which would hold the population constant. This replacement fertility will depend on mortality rates and the sex ratio at birth, and varies from around 2.1 in developed countries to over 3.0 in some developing countries.

China and India

China and India are the largest countries by population in the world, each having some 1.4 billion people (as of 2023).

China reached a population plateau (zero growth) in 2022. China's population growth has slowed since the beginning of this century. This has been mostly the result of China's economic growth and increasing living standards. However, many demographers also credit China's family planning policy, formulated in the early 1970s, that encouraged late marriages, late childbearing, and the use of contraceptives, and after 1980 limited most urban couples to one child and most rural couples to two children.

According to government projections, the long-term effect of these policies will be a reduction of the working-age population to 700 million by 2050 vs 925 million in 2011, a decline of 24%. In November 2013, a relaxation of the one-child policy was announced amid unpopularity and the forecast of a reduced labor pool and support for an aging population.

India reached replacement level in 2021. However, the Indian population will keep growing for decades, given its relatively young population (see Mechanisms above).

In Europe

Main article: Aging of Europe

In Japan

Main article: Aging of Japan

Ecovillage

From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Ecovillage

Sieben Linden Ecovillage

An eco-house at Findhorn Ecovillage with a turf roof and solar panels

Tallebudgera Mountain and a vegetable garden at the Currumbin Ecovillage in Queensland, 2015

An ecovillage is a traditional or intentional community that aims to become more socially, culturally, economically and/or environmentally sustainable. An ecovillage strives to have the least possible negative impact on the natural environment through the intentional physical design and behavioural choices of its inhabitants. It is consciously designed through locally owned, participatory processes to regenerate and restore its social and natural environments. Most range from a population of 50 to 250 individuals, although some are smaller, and traditional ecovillages are often much larger. Larger ecovillages often exist as networks of smaller sub-communities. Some ecovillages have grown through like-minded individuals, families, or other small groups—who are not members, at least at the outset—settling on the ecovillage's periphery and participating de facto in the community. There are currently more than 10,000 ecovillages around the world.

Ecovillagers are united by shared ecological, social-economic and cultural-spiritual values. Concretely, ecovillagers seek alternatives to ecologically destructive electrical, water, transportation, and waste-treatment systems, as well as the larger social systems that mirror and support them. Many see the breakdown of traditional forms of community, wasteful consumerist lifestyles, the destruction of natural habitat, urban sprawl, factory farming, and over-reliance on fossil fuels as trends that must be changed to avert ecological disaster and create richer and more fulfilling ways of life.

Ecovillages offer small-scale communities with minimal ecological impact or regenerative impacts as an alternative. However, such communities often cooperate with peer villages in networks of their own (see Global Ecovillage Network (GEN) for an example). This model of collective action is similar to that of Ten Thousand Villages, which supports the fair trade of goods worldwide.

The concept of the ecovillage has undergone significant development over time, as evidenced by the remarkable growth and evolution of these communities over the past few decades. The various facets of the ecovillage include case studies of community models, discussions on sustainability alignment for diverse needs, examinations of their environmental impact, explorations of governance structures, and considerations of the challenges faced on their path towards a successful ecovillage.

Definition

Multiple sources define ecovillages as a subtype of intentional communities focusing on sustainability. More pronounced definitions are listed here:

Source	Year	Definition
Robert Gilman	1991	"human-scale full-featured settlement in which human activities are harmlessly integrated into the natural world in a way that is supportive of healthy human development, and can be successfully continued into the indefinite future."
Diana Michelle Fischetti	2008	"intentional community whose members strive to live in a socially and environmentally sustainable manner, to practice voluntary simplicity, and to cultivate meaning, life satisfaction, and fulfillment."
Kosha Anja Joubert, Executive Director of the GEN	2016	"intentional or traditional communities, consciously designed through participatory process to regenerate their social and natural environments. The social, ecological, economic, and cultural aspects are integrated into a holistic sustainable development model that is adapted to local contexts. Ecovillages are rural or urban settlements with vibrant social structures, vastly diverse, yet united in their actions towards low impact, high quality lifestyles."
GEN	2018	"intentional, traditional or urban community that is consciously designed through locally owned, participatory processes in all 5 dimensions of sustainability (social, culture, ecology, economy and whole systems design) to regenerate their social and natural environments"
GEN	2024	"An ecovillage is an intentional, traditional or urban community that is consciously designed through locally owned, participatory processes in all four dimensions of sustainability (social, culture, ecology and economy) to regenerate their social and natural environments."

In Joubert's view, ecovillages are seen as an ongoing process, rather than a particular outcome. They often start off with a focus on one of the four dimensions of sustainability, e.g. ecology, but evolve into holistic models for restoration. In this view, aiming for sustainability is not enough; it is vital to restore and regenerate the fabric of life and across all four dimensions of sustainability: social, environmental, economic and cultural.

Ecovillages have developed in recent years as technology has improved, so they have more sophisticated structures as noted by Baydoun, M. 2013.

Generally, the ecovillage concept is not tied to specific sectarian (religious, political, corporate) organizations or belief systems not directly related to environmentalism, such as monasteries, cults, or communes.

History

The modern-day desire for community was notably characterized by the communal "back to the land" movement of the 1960s and 1970s through communities such as the earliest example that still survives, the Miccosukee Land Co-op co-founded in May 1973 by James Clement van Pelt in Tallahassee, Florida. In the same decades, the imperative for alternatives to radically inefficient energy-use patterns, in particular automobile-enabled suburban sprawl, was brought into focus by recurrent energy crises. The term "eco-village" was introduced by Georgia Tech Professor George Ramsey in a 1978 address, "Passive Energy Applications for the Built Environment", to the First World Energy Conference of the Association of Energy Engineers, to describe small-scale, car-free, close-in developments, including suburban infill, arguing that "the great energy waste in the United States is not in its technology; it is in its lifestyle and concept of living." Ramsey's article includes a sketch for a "self-sufficient pedestrian solar village" by one of his students that looks very similar to eco-villages today.

The movement became more focused and organized in the cohousing and related alternative-community movements of the mid-1980s. Then, in 1991, Robert Gilman and Diane Gilman co-authored a germinal study called "Ecovillages and Sustainable Communities" for Gaia Trust, in which the ecological and communitarian themes were brought together.

The first Eco-Village in North America began its first stages in 1990. Earthaven Eco-Village in Black Mountain, NC was the first community called an Eco-Village and was designed using permaculture (holistic) principles. The first residents moved onto the vacant land in 1993. As of 2019 Earthaven Eco-Village has over 70 families living off the grid on 368 acres of land.

The ecovillage movement began to coalesce at the annual autumn conference of Findhorn, in Scotland, in 1995. The conference was called: "Ecovillages and Sustainable Communities", and conference organizers turned away hundreds of applicants. According to Ross Jackson, "somehow they had struck a chord that resonated far and wide. The word 'ecovillage'... thus became part of the language of the Cultural Creatives." After that conference, many intentional communities, including Findhorn, began calling themselves "ecovillages", giving birth to a new movement. The Global Ecovillage Network, formed by a group of about 25 people from various countries who had attended the Findhorn conference, crystallized the event by linking hundreds of small projects from around the world, that had similar goals but had formerly operated without knowledge of each other. Gaia Trust of Denmark agreed to fund the network for its first five years.

Since the 1995 conference, a number of the early members of the Global Ecovillage Network have tried other approaches to ecovillage building in an attempt to build settlements that would be attractive to mainstream culture in order to make sustainable development more generally accepted. One of these with some degree of success is Living Villages and The Wintles where eco-houses are arranged so that social connectivity is maximized and residents have shared food growing areas, woodlands, and animal husbandry for greater sustainability.

The most recent worldwide update emerges from the 2022 Annual Report of GEN International, detailing the mapping of 1,043 ecovillage communities on GEN's interactive ecovillage map. GEN collaborated closely with a diverse array of researchers and ecovillage communities spanning the globe to develop the Ecovillage Impact Assessment. Their innovative tool serves as a means for communities, groups, and individuals to accurately report, chart, evaluate, and present their efforts toward fostering participatory cultural, social, ecological, and economic regeneration. Over the course of three years, from February 2021 to April 2024, data from 140 surveys conducted within 75 ecovillages formed the basis of the comprehensive results. Through this assessment ecovillages are empowered to understand their impact and influence their community has had.

Case studies

Ecovillage	Location	Summary
Dancing Rabbit Ecovillage	Missouri, United States	The Dancing Rabbit Ecovillage was founded in 1997 and is located in a rural landscape of northeastern Missouri. This community prides itself on its organic permaculture gardens, natural buildings, alternative energy solutions, and self-governance. As an intentional community, they aim to live ecologically sustainable and socially share the principles and practices of sustainable living with others. They offer many programs such as women's retreats, work exchange and natural building workshops demonstrating how they prioritize outreach, education, and advocacy. As stated on their website they are committed stewards of the land, focusing on wildlife habitat preservation, biodiversity restoration, and sustainable forestry.
Cloughjordan	Ireland	The Cloughjordan Ecovillage was founded in 1999 and is located in a sustainable neighborhood in a rural Ireland. This community encompasses a 67-acre site and has prided itself on their fiber optic broadband, eco-hostels, and a thriving community with over 50 homes and businesses. Cloughjordan serves as a sustainable neighborhood and is a focus for research into sustainability, resilience, and rural regeneration. Through renewable energy, community farming, and educational outreach, Cloughjordan has demonstrated the potential for transitioning to a low-carbon society. It also serves as a not-for-profit cooperative and educational charity, proving their commitment to sustainability and community development.

Sustainability alignment

Ecovillages are defined by their commitment sustainability through a multitude of design, lifestyle, and community objectives. They prioritize environmental stewardship through various methods, including the utilization of renewable energy sources, the minimization of waste through recycling and composting, and the practice of organic agriculture and permaculture. In many cases, these communities strive for self-sufficiency in food production, with the aim of reducing the ecological footprint associated with food transportation. Ecovillage communities place a strong emphasis on the conservation of resources through the application of green building techniques, including passive solar design, natural insulation, and rainwater harvesting. Additionally, they promote alternative modes of transportation, such as cycling and walking, as a means of reducing reliance on fossil fuels. The objective of ecovillages is to cultivate robust social connections and a sense of belonging among residents through the promotion of collaboration, consensus-based decision-making, and shared responsibilities. This approach fosters a supportive environment that enhances both individual and collective resilience. Ecovillages represent an international phenomenon that encompasses cultural diversity, frequently integrating traditional wisdom alongside innovative practices. Many ecovillages espouse multiculturalism, indigenous knowledge, and participation as means of enhancing intergenerational learning. In essence, these communities endeavor to achieve sustainable living through a multitude of diverse efforts, offering valuable insight into the creation of a sustainable relationship between humanity and the natural world. In essence, these communities aim for sustainable living through a multitude of various efforts and offer valuable insight for creating a sustainable relationship between humanity and the natural world.

Environmental impact

The formation of ecovillages is frequently driven by a concern for environmental stewardship and a commitment to sustainable practices. Ecovillages frequently employ reusable power sources, such as solar and wind energy, and utilize natural materials, including mud, wood, and straw, in their construction. Such technologies as bioclimatic agriculture are employed in this regard.

A study on an ecovillage in Ithaca, New York found that the average ecological footprint of a resident in the ecovillage was 70% less than the ecological footprint of most Americans. Ecovillage residents seek a sustainable lifestyle (for example, of voluntary simplicity) for inhabitants with a minimum of trade outside the local area, or ecoregion. Many seek independence from existing infrastructures, although others, particularly in more urban settings, pursue more integration with existing infrastructure. Rural ecovillages are usually based on organic farming, permaculture and other approaches which promote ecosystem function and biodiversity. Ecovillages, whether urban or rural, tend to integrate community and ecological values within a principle-based approach to sustainability, such as permaculture design. In 2019, a study assessed the impact of community sustainability through a life cycle assessment conducted on three ecovillages. The results of this study revealed a substantial reduction in carbon emissions among residents of these ecovillages when compared to the average United States citizen. This study reported that residents had a 63% to 71% decrease in carbon emissions due to living in an ecovillage with sustainable practices and mitigation efforts to environmental impact.

Governance

Ecovillages, while united by their commitment to sustainability and communal living, often differ in their approaches to governance. Every ecovillage strives to reflect the diverse needs and values of their communities. Ultimately, the choice of governance model within ecovillages aims to demonstrates a balance between fostering community cohesion, promoting sustainability, and accommodating the varied needs and values of their members.

Establishing governance is a common method used by ecovillages to align individual actions with community objectives. Most ecovillages maintain a distinct set of policies to govern aspects of what keeps their society functioning. Policies within ecovillages are meant to evolve with new situations prompting revisions to existing guidelines. Ecovillages commonly incorporate elements of consensus decision-making into their governance processes. This approach aims to mitigate hierarchies, power imbalances, and inflexibility within their governments. The governmental framework designed in the Ecovillage Tamera, Portugal promotes inclusivity that actively works to combat hierarchical structures. The Tamera community attributes their success to their Women's Council who confront patriarchal norms and empower women within the governance system. Members of ecovillage communities will select their peers to serve as government members based off established trust within the community, this serves as an active strategy to mitigate the emergence of hierarchies. Through involvement of community members in reviewing and revising existing rules, ecovillages ensure flexibility and adaptability to evolving needs. Active participation in policy formulation fosters a sense of ownership among members regarding community expectations and boundaries. Ecovillage community members express their contentment knowing they had the opportunity to voice their concerns and contribute to the decision-making process.

Each ecovillage exhibits a unique approach to how they will develop their governance. Ecovillages acknowledge that there is a delicate balance in maintaining a functioning community that appreciates and considers the perspectives of its members. Through active involvement in the governance processes, ecovillages demonstrate a commitment to inclusivity, adaptability, and collective empowerment, demonstrating the principles of collaborative decision-making and community-driven change.

Challenges

While ecovillages aim to embody admirable dimensions of sustainability and community, they are not without their challenges. One significant challenge is the initial investment required to establish or transition to an ecovillage lifestyle. The costs of acquiring land, implementing sustainable infrastructure, and maintaining communal facilities can be prohibitive for some individuals or groups making available funds a limiting factor. Conflicts can arise regarding community rules, resource allocation, or individual responsibilities, it can be difficult to maintain cohesion which can be expected in any community type. An explorative study results concluded that the perceived quality of life of residents in eco-developments rated higher perceived quality of life than residents of developments in conventional settings while still noting various challenges they experienced. Another noteworthy challenge can be limited access to resources, like land that is adequate for agriculture, available water or renewable energy potential which can limit the viability of ecovillage initiatives.

Human right to water and sanitation

From Wikipedia, the free encyclopedia

https://en.wikipedia.org/wiki/Human_right_to_water_and_sanitation 

 

Boy drinks from a tap at a NEWAH WASH water project in Nepal

 

The human right to water and sanitation (HRWS) is a principle stating that clean drinking water and sanitation are a universal human right because of their high importance in sustaining every person's life. It was recognized as a human right by the United Nations General Assembly on 28 July 2010. The HRWS has been recognized in international law through human rights treaties, declarations and other standards. Some commentators have based an argument for the existence of a universal human right to water on grounds independent of the 2010 General Assembly resolution, such as Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR); among those commentators, those who accept the existence of international ius cogens and consider it to include the Covenant's provisions hold that such a right is a universally binding principle of international law. Other treaties that explicitly recognize the HRWS include the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the 1989 Convention on the Rights of the Child (CRC).

The clearest definition of the human right to water was issued by the United Nations Committee on Economic, Social and Cultural Rights in General Comment 15 drafted in 2002. It was a non-binding interpretation that access to water was a condition for the enjoyment of the right to an adequate standard of living, inextricably related to the right to the highest attainable standard of health, and therefore a human right. It stated: "The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses."

The first resolutions about the HRWS were passed by the UN General Assembly and the UN Human Rights Council in 2010. They stated that there was aman right to sanitation connected to the human right to water, since the lack of sanitation reduces the quality of water downstream, so subsequent discussions have continued emphasizing both rights together. In July 2010, United Nations (UN) General Assembly Resolution 64/292 reasserted the human right to receive safe, affordable, and clean accessible water and sanitation services. During that General Assembly, it stated that for the comprehension of enjoyment in life and all human rights, safe and clean drinking water as well as sanitation is acknowledged as a human right. General Assembly Resolution 64/292's assertion of a free human right of access to safe and clean drinking water and sanitation raises issues regarding governmental rights to control and responsibilities for securing that water and sanitation. The United Nations Development Programme has stated that broad recognition of the significance of accessing dependable and clean water and sanitation services will promote wide expansion of the achievement of a healthy and fulfilling life. A revised UN resolution in 2015 highlighted that the two rights were separate but equal.

The HRWS obliges governments to ensure that people can enjoy quality, available, acceptable, accessible, and affordable water and sanitation. Affordability of water considers the extent to which the cost of water becomes inhibitive such that it requires one to sacrifice access to other essential goods and services. Generally, a rule of thumb for the affordability of water is that it should not surpass 3–5% of households' income. Accessibility of water considers the time taken, convenience in reaching the source and risks involved while getting to the source of water. Water must be accessible to every citizen, meaning that water should not be further than 1,000 meters or 3,280 feet and must be within 30 minutes. Availability of water considers whether the supply of water is available in adequate amounts, reliable and sustainable. Quality of water considers whether water is safe for consumption, including for drinking or other activities. For acceptability of water, it must not have any odor and should not consist of any color.

The ICESCR requires signatory countries to progressively achieve and respect all human rights, including those of water and sanitation. They should work quickly and efficiently to increase access and improve service.

International context

The WHO/UNICEF Joint Monitoring Programme for Water Supply and Sanitation reported that 663 million people did not have access to improved sources of drinking water and more than 2.4 billion people lacked access to basic sanitation services in 2015. Access to clean water is a major problem for many parts of the world. Acceptable sources include "household connections, public standpipes, boreholes, protected dug wells, protected springs and rainwater collections." Although 9 percent of the global population lacks access to water, there are "regions particularly delayed, such as Sub-Saharan Africa". The UN further emphasizes that "about 1.5 million children under the age of five die each year and 443 million school days are lost because of water- and sanitation-related diseases." In 2022, over 2 billion people, 25% of the world's population, lacked consistent access to clean drinking water. 4.2 billion lacked access to safe sanitation services. By 2024, new estimates are much higher, with 4.4 billion people in low- and middle-income countries lacking access to safe household drinking water.

Legal foundations and recognition

The International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966 codified the economic, social, and cultural rights found within the Universal Declaration on Human Rights (UDHR) of 1948. Neither of these early documents explicitly recognized human rights to water and sanitation. Several later international human rights conventions, however, had provisions that explicitly recognized rights to water and sanitation.

• The 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has Article 14.2 that states that "parties shall take all appropriate measures to eliminate discrimination against women in rural areas 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 women the right: ... (h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications."
• The 1989 Convention on the Rights of the Child (CRC) has Article 24 that provides that "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 ... 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 provision of adequate nutritious foods and clean drinking water..."
• The 2006 Convention on the Rights of Persons with Disabilities (CRPD) has Article 28(2)(a) that requires that "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."

"The International Bill of Human Rights"- which comprises the 1966: International Covenant on Civil and Political Rights (ICCPR); 1966: Articles 11 and 12 of the 1966 International Covenant of Economic, Social, and Cultural Right (ICERS); and 1948: Article 25 of the Universal Declaration of Human Rights (UDHR) documented the evolution of human right to water and sanitation and other water-associated rights to be recognised in worldwide decree.

Scholars also called attention to the importance of possible UN recognition of human rights to water and sanitation at the end of the twentieth century. Two early efforts to define the human right to water came from law professor Stephen McCaffrey of the University of the Pacific in 1992 and Dr. Peter Gleick in 1999. McCaffrey stated that "Such a right could be envisaged as part and parcel of the right to food or sustenance, the right to health, or most fundamentally, the right to life. Gleick added: "that access to a basic water requirement is a fundamental human right implicitly and explicitly supported by international law, declarations, and State practice."

The UN Committee for Economic, Social and Cultural Rights (CESCR) overseeing ICESCR compliance came to similar conclusions as these scholars with General Comment 15 in 2002. It was found that, the right to water was an implicitly part of the right to an adequate standard of living and related to the right to the highest attainable standard of health and the rights to adequate housing and adequate food. It defines that "The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses. An adequate amount of safe water is necessary to prevent death from dehydration, to reduce the risk of water-related disease and to provide for consumption, cooking, personal and domestic hygienic requirements." Several countries agreed and formally acknowledged the right to water to be part of their treaty obligations under the ICESCR (e.g., Germany; United Kingdom; Netherlands) after publication of General Comment 15.

A further step was taken in 2005 by the former UN Sub-Commission on the Promotion and Protection of Human Rights which issued guidelines to assist governments to achieve and respect the human right to water and sanitation. These guidelines led the UN Human Rights Council to assign Catarina de Albuquerque as an independent expert on the issue of human rights obligations related to access to safe drinking water and sanitation in 2008. She wrote a detailed report in 2009 that outlined human rights obligations to sanitation, and the CESCR responded by stating that sanitation should be recognized by all states.

Following intense negotiations, 122 countries formally acknowledged "the Human Right to Water and Sanitation" in General Assembly Resolution 64/292 on 28 July 2010. It recognized the right of every human being to have access to sufficient water for personal and domestic uses (between 50 and 100 liters of water per person per day), which must be safe, acceptable and affordable (water costs should not exceed 3% of household income), and physically accessible (the water source has to be within 1,000 meters of the home and collection time should not exceed 30 minutes)." The General Assembly declared that clean drinking water is "essential to the full enjoyment of life and all other human rights". In September 2010, the UN Human Rights Council adopted a resolution recognizing that the human right to water and sanitation forms part of the right to an adequate standard of living.

The mandate of Catarina de Albuquerque as "Independent expert on the issue of human rights obligations related to access to safe drinking water and sanitation" was extended and renamed as "Special Rapporteur on the human right to safe drinking water and sanitation" after the resolutions in 2010. Through her reports to the Human Rights Council and the UN General Assembly, she continued clarifying the scope and content of the human right to water and sanitation. As Special Rapporteur, she addressed issues such as: Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation (2010); Financing for the Realization of the Rights to Water and Sanitation (2011); Wastewater management in the realization of the rights to water and sanitation (2013); and Sustainability and non-retrogression in the realization of the rights to water and sanitation (2013). Léo Heller was appointed in 2014 to be the second Special Rapporteur on the human rights to safe drinking water and sanitation.

Subsequent resolutions extended the mandate of the Special Rapporteur and defined each state's role in the respect of these rights. The most recent General Assembly Resolution 7/169 of 2015 has been called a declaration of "The Human Rights to Safe Drinking Water and Sanitation. It recognized the distinction between the right to water and the right to sanitation. This decision was made due to concern about the right to sanitation being overlooked when compared to the right to water.

International jurisprudence

Inter-American Court of Human Rights

The right to water has been considered in the Inter-American Court of Human Rights case of the Sawhoyamaxa Indigenous Community v. Paraguay. The issues involved the states failure to acknowledge indigenous communities' property rights over ancestral lands. In 1991, the state removed the indigenous Sawhoyamaxa community from the land resulting in their loss of access to basic essential services, like water, food, schooling and health services. This fell within the scope of the American Convention on Human Rights; encroaching the right to life. Water is included in this right, as part of access to land. The courts required the lands to be returned, compensation provided, and basic goods and services to be implemented, while the community was in the process of having their lands returned.

International Centre for Settlement of Investment Disputes

The following cases from the International Centre for Settlement of Investment Disputes (ICSID) concern the contracts established between governments and corporations for the maintenance of waterways. Although the cases regard questions of investment, commentators have noted that the indirect impact of the right to water upon the verdicts is significant. World Bank data shows that water privatization spiked starting in the 1990s and significant growth in privatization continued into the 2000s.

Azurix Corp v. Argentina

The first notable case regarding the right to water in the ICSID is that of Azurix Corp v. Argentina. The dispute was between the Argentine Republic and Azurix Corporation regarding discrepancies arising from a 30-year contract between the parties to operate the water supply of various provinces. A consideration in regard to the right to water is implicitly made during the arbitration for compensation, where it was held that Azurix was entitled to a fair return on the market value of the investment. This was rather than the requested US$438.6 million, citing that a reasonable business person could not expect such a return, given the limits of water price increases and improvements that would be required to ensure a well-functioning, clean water system.

Biwater Gauff Ltd v. Tanzania

Secondly, a similar case encountered by the ICSID is that of Biwater Gauff Ltd v. Tanzania. This was again a case of a private water company in a contractual dispute with a government, this time the United Republic of Tanzania. This contract was for the operation and management of the Dar es Salaam water system. In May 2005, the Tanzania government ended the contract with Biwater Gauff for its alleged failure to meet performance guarantees. In July 2008, the Tribunal issued its decision on the case, declaring that the Tanzania government had violated the agreement with Biwater Gauff. It did not however award monetary damages to Biwater, acknowledging that public interest concerns were paramount in the dispute.

Right to water in domestic law

Without the existence of an international body that can enforce it, the human right to water relies upon the activity of national courts. The basis for this has been established through the constitutionalisation of economic, social and cultural rights (ESCR) through one of two means: as "directive principles" that are goals and are often non-justiciable; or as expressly protected and enforceable through the courts.

South Africa

A group of people gathering around a communal tap in Johannesburg, South Africa

In South Africa, the right to water is enshrined in the constitution and implemented by ordinary statutes. This is evidence of a slight modification of the second technique of constitutionalisation referred to as the "subsidiary legislation model". This means that a large portion of the content and implementation of the right is done an ordinary domestic statute with some constitutional standing.

Residents of Bon Vista Mansions v. Southern Metropolitan Local Council

The first notable case in which the courts did so was the Residents of Bon Vista Mansions v. Southern Metropolitan Local Council. The case was brought by residents of a block of flats (Bon Vista Mansions), following the disconnection of the water supply by the local Council, resulting from the failure to pay water charges. The court held that in adherence to the South African Constitution, that constitutionally all persons ought to have access to water as a right.

Further reasoning for the decision was based on General Comment 12 on the Right to Food, made by the UN Committee on Economic, Social and Cultural Rights imposing upon parties to the agreement the obligation to observe and respect already existing access to adequate food by not implementing any encroaching measures.

The court found that the discontinuation of the existing water source, which had not adhered to the "fair and reasonable" requirements of the South African Water Services Act, was illegal. It is important to note that the decision pre-dates the adoption of the UN General Comment No. 15.

Mazibuko v. City of Johannesburg

Main article: Mazibuko v City of Johannesburg

The quantity of water to be provided was further discussed in Mazibuko v City of Johannesburg. The case revolved around the distribution of water through pipes to Phiri, one of the oldest areas of Soweto. This case concerned two major issues: whether or not the city's policy regarding the supply of free basic water, 6 kilolitres per month to each account holder in the city was in conflict with Section 27 of the South African Constitution or Section 11 of the Water Services Act. The second issue being whether or not the installation of pre-paid water meters was lawful. It was held in the High Court that the city's by-laws did not provide for the installation of meters and that their installation was unlawful. Further, as the meters halted supply of water to residence once the free basic water supply had ended, this was deemed an unlawful discontinuation of the water supply. The court held the residents of Phiri should be provided with a free basic water supply of 50 litres per person per day. The work of the Centre for Applied Legal Studies (CALS) of the University of the Witwatersrand in Johannesburg, South Africa and the Pacific Institute in Oakland, California, shared a 2008 Business Ethics Network BENNY Award for their work on this case. The Pacific Institute contributed legal testimony based on the work of Dr. Peter Gleick defining a human right to water and quantifying basic human needs for water.

The big respondents took the case to the Supreme Court of Appeal (SCA) which held that the city's water policy had been formulated based upon a material error of law in regards to the city's obligation to provide the minimum set in the South African National Standard, therefore it was set aside. The court also held the quantity for dignified human existence in compliance with section 27 of the constitution was in fact 42 litres per person per day rather than 50 litres per person per day. The SCA declared that the installation of water meters was illegal, but suspended the order for two years to give the city an opportunity to rectify the situation.

The issues went further to the Constitutional Court, which held that the duty created by the constitution required that the state take reasonable legislative and other measures progressively to realise the achievement of the right to access of water, within its available resource. The Constitutional Court also held that it is a matter for the legislature and executive institution of government to act within the allowance of their budgets and that the scrutiny of their programs is a matter of democratic accountability. Therefore, the minimum content set out by the regulation 3(b) is constitutional, rendering the bodies to deviate upwards and further it is inappropriate for a court to determine the achievement of any social and economic right the government has taken steps to implement. The courts had instead focused their inquiry on whether the steps taken by Government are reasonable, and whether the Government subjects its policies to regular review. The judgment has been criticized for deploying an "unnecessarily limiting concept of judicial deference".

India

The two most prominent cases in India regarding the right to water illustrate that although this is not explicitly protected in the Constitution of India, it has been interpreted by the courts that the right to life includes the right to safe and sufficient water.

The Jamuna River, the river that the state of Haryana and the city of Delhi were using

Delhi Water Supply v. State of Haryana

Here a water usage dispute arose due to the fact that the state of Haryana was using the Jamuna River for irrigation, while the residents of Delhi needed it for the purpose of drinking. It was reasoned that domestic use overrode the commercial use of water and the court ruled that Haryana must allow enough water to get to Delhi for consumption and domestic use.

Subhash Kumar v. State of Bihar

Also notable is the case of Subhash Kumar v. State of Bihar, where a discharge of sludge from the washeries into the Bokaro River was petitioned against by way of public interest litigation. The courts found that the right to life, as protected by Article 21 of the Constitution of India, included the right to enjoy pollution-free water. The case failed upon the facts and it was held that the petition had been filed not in any public interest but for the petitioner's personal interest and therefore a continuation of litigation would amount to an abuse of process.

World Rights to Water Day

Water is essential for existence of living beings including humans. Therefore, having access to pure and adequate quantity of water is an inalienable human right. Hence, the Eco Needs Foundation (ENF) deems it necessary to recognise the right to water (with ensured per capita minimum quantity of water) through the appropriate expressed legal provision. The United Nations with its several covenants has made it obligatory for all the nations to ensure equitable distribution of water amongst all the citizens. Accordingly, the ENF began to observe and promote the celebration of World Rights to Water Day on 20 March, the date on which Dr. Babasaheb Ambedkar ("the father of modern India") led the world's first satyagraha for water in 1927. The World Right to Water Day calls for the adoption of special legislation establishing the universal right to water. Under the guidance of founder Dr Priyanand Agale, the ENF arranges a variety of several programmes to ensure the right to water for Indian citizens.

New Zealand

ESCR are not explicitly protected in New Zealand at the current time, either by the Human Rights or Bill of Rights Acts, therefore the right to water is not defended by law there. The New Zealand Law Society has recently indicated that this country would give further consideration to the legal status of economic, social and cultural rights.

United States

In Pilchen v. City of Auburn, New York, a single mother named Diane Pilchen was living as a rental tenant in a foreclosed house, in which the owner (landlord) of the house had failed to pay the water bill for some time. The City of Auburn billed Pilchen for the landlord's arrears, and repeatedly shut her water service off without notice when she could not pay these debts, making the house uninhabitable. The city condemned the home and forced Pilchen and her child to move out. Pilchen was represented by the Public Utility Law Project of New York (PULP) in the lawsuit. The City of Auburn attempted unsuccessfully to argue that water is not a constitutional right because bottled water could be used instead, an argument that was contested by PULP as absurd. In 2010, Pilchen won summary judgment in which it was determined that shutting off the water violated her constitutional rights, and that Pilchen could not be billed and stopped from having water due to an unrelated party's delays in paying water bills.

Standing Rock Sioux Tribe v. United States Army Corps of Engineers

People protesting against the building of the Dakota Access Pipeline

In 2016, there was a prominent case known as Standing Rock Sioux Tribe v. United States Army Corps of Engineers, where the Sioux Tribe challenged the building of the Dakota Access Pipeline (DAPL). This crude oil pipeline spans over four states, which includes the beginning in North Dakota, then passes through both South Dakota and Iowa, and ends in Illinois. The Standing Rock Reservation is located near the border of North and South Dakota and the pipeline is built within a half a mile of it. Since the pipeline was built near the reservation, the tribe feared that historical and cultural significance of Lake Oahe would be tampered with, even though the pipeline does not run directly through the lake. Lake Oahe provides basic water necessities for the Sioux Tribe such as drinking water and for sanitation. The construction of the oil pipeline means that there is a higher risk of an oil spill into Lake Oahe, which made the tribe concerned. The Sioux Tribe sued the DAPL company as they believed that the creation of the pipeline was violating the National Environmental Policy Act and the National Historic Preservation Act. After the 2016 briefing, the court was unable to come to a conclusion, so the court decided to do additional briefings. After five briefings in 2017 and one briefing in 2018, the court has allowed the construction of the pipeline, but the Standing Rock tribe continues to fight to ensure that pipeline is removed.

Australia

The attention in Australia is focused on the rights of Indigenous Australians to water and sanitation. History of settler-colonialism overshadows today's state governance that regulates water use to indigenous Australians. There are many governmental agreements, but most of them are incomplete to fully influence power to the indigenous right to water and sanitation. In Mabo v Queensland, 1992, Native rights were legally recognized at the first time. Indigenous Australians often claim cultural bonds to the land. Although "culture" was recognized in the court as much as land resources, cultural and spiritual value of Aborigines to water body are fuzzy. It is challenging but needed to transcend their cultural and spiritual values into legal sphere. For now, there is virtually no progress.

Australian water law basically prescribes surface water for citizens who can use surface water but cannot own. In the constitution, however, there is no description about inland and riparian water. Therefore, the sphere of inland/riparian water rights are the primary mandates of the state. The Commonwealth Government obtains authority over water by borrowing the help of external relationship, including the Grants Power, Trade and Commerce Power.

In 2000, the Federal Court concluded the agreement that allowed indigenous landowners to take water for traditional purposes. However, the use is limited to traditional purpose, which did not include irrigation as a traditional practice.

In June 2004, CoAC concluded an intergovernmental accord on a National Water Initiative (NWI), promoting recognition of indigenous right to water. However, NWI is not concerned broadly about complex history of settler-colonialism, which has systematically created an unequal pattern of water distribution. Indigenous people in Australia are constantly seeking the right to water.

Remaining discussions

Transboundary effects

Ethiopia's move to fill the Grand Ethiopian Renaissance Dam's reservoir could reduce Nile flows by as much as 25% and devastate Egyptian farmlands.

Following Russia's annexation of Crimea, Ukraine blocked the North Crimean Canal, which provided 85% of Crimea's fresh water.

Given the fact that access to water is a cross-border source of concern and potential conflict in the Middle East, South Asia, the Eastern Mediterranean and parts of North America amongst other places, some non-governmental organizations (NGOs) and scholars argue that the right to water also has a trans-national or extraterritorial aspect. They argue that given the fact that water supplies naturally overlap and cross borders, states also have a legal obligation not to act in a way that might have a negative effect on the enjoyment of human rights in other states. The formal acknowledgement of this legal obligation could prevent the negative effects of the global "water crunch" (as a future threat and one negative result of human overpopulation). Water shortages and increasing consumption of freshwater make this right incredibly complicated. As the world population rapidly increases, freshwater shortages will cause many problems. A shortage in the quantity of water brings up the question of whether or not water should be transferred from one country to another.

Water Dispute Between India and Pakistan

The water dispute between India and Pakistan is influenced by the scarcity of water in the South Asian region. The two countries have a pre-existing agreement known as the Indus Waters Treaty. The treaty was formed to limit the conflict between India and Pakistan regarding the use of the Indus basin and allocate water supply for both countries after the countries gained independence. However, disagreements regarding it have surfaced. According to the treaty, India is allowed to use the western river basin for irrigation and non-consumptive purposes, while Pakistan has the majority of control over the basin. However, Pakistan has voiced concerns that India's construction on the rivers may lead to severe water scarcity in Pakistan. Moreover, Pakistan voiced that the dams constructed by India for non-consumptive purposes may be used to divert water flow and disrupt Pakistan's water supply. In addition, the treaty involves rivers that originate from Jammu and Kashmir, which have been excluded from control over their own water bodies.

Water commercialization versus state provision

Contention exists regarding whose, if anyone's, responsibility it is to ensure the human right to water and sanitation. Often, two schools of thought emerge from such discourse: it is the state's responsibility to provide access to clean water to people versus the privatization of distribution and sanitation.

The commercialization of water is offered as a response to the increased scarcity of water that has resulted due to the world population tripling while the demand for water has increased six-fold. Market environmentalism uses the markets as a solution to environmental problems such as environmental degradation and an inefficient use of resources. Supporters of market environmentalism believe that the managing of water as an economic good by private companies will be more efficient than governments providing water resources to their citizens. Such proponents claim that the government costs of developing infrastructure for water resource allocation is not worth the marginal benefits of water provision, thus deeming the state as an ineffective provider of water. Moreover, it is argued that water commodification leads to more sustainable water management due to the economic incentives for consumers to use water more efficiently.

The opponents believe that the consequence of water being a human right excludes private sector involvement and requires that water should be given to all people because it is essential to life. Access to water as a human right is used by some NGOs as a means to combat privatization efforts. A human right to water "generally rests on two justifications: the non-substitutability of drinking water ('essential for life'), and the fact that many other human rights which are explicitly recognized in the UN Conventions are predicated upon an (assumed) availability of water (e.g. the right to food)."