Ontological Analysis And Realization Path Of Human Rights To Water

Human Rights to Water are a fundamental human right.Water Human Rights to Water refer to the right of the international community,State,business and individuals to actively protect each person from the enjoyment of accessible and acceptable water resources without discrimination.Which is defined in the Convention on Economic,Social and Cultural Rights(General Comment No.15).Human Rights to Water are closely linked to the human rights' elements,in particular the Right to Life,the Right of Subsistence,the Right to Environment and the Right to Development.Human Rights to Water belong to water rights,but different with water rights,which have human rights attributes.The main body of Human Rights to Water includes individual,state and social organization.The three are both the subject of rights and the subject of the obligation,in which the status of the state of the state and the social organization is reflected in the act of substituting instead.The protection of human rights in water has the basis of international law and domestic law,and it is clear that water rights are generally recognized as a human right.In our country,the lack of Human Rights to Water protection is mainly reflected in the issue of water resources protection.Due to the uneven distribution of regional water resources caused by the conflict of rights and the water quality of the day after the formation of water rights and lack of opportunities,making the realization of water rights in China is quite difficult.The causes of water resources are varied.For the traditional reason,the difference is that the geographical conditions are different and the regional water resources distribution is uneven,which mainly includes the influence of precipitation and terrain.Second,human activities are also one of the causes of water problems.With the population from the inland to the coastal migration,resulting in densely populated coastal areas,population growth is also accompanied by increased living garbage and industrial waste,resulting in increased water consumption and water pollution intensified.Again,economic development is also an important cause of water problems.In the agricultural society,in the society of small-scale peasant economy,irrigation is the main economic water,affecting the irrigation water is mainly terrain,climate and precipitation.In today's society,industry,the rapid development of information industry,followed by the contradiction between the sharp water.Personal life needs water,agricultural irrigation needs water,industrial production also need water,all economic activities are inseparable from the water.Water problem is particularly prominent.Most of the traditional causes of analysis only remain in the surface of the problem,the existence of Human Rights to Water protection is the essence of the realization of the rights of the feasible and lack of opportunities.Amartya Sen's view of freedom is the opportunity for individuals to enjoy all the activities on the "inventory" of the viability,and the process of personal choice.To achieve this "list" role in the process of individual selection is a force in many ways,both the need for personal self-choice,self-judgment and self-struggle,but also the role of the state and society in which to protect the process of individual selection,The choice of choice.To compare the laws of each country to the protection of Human Rights to Water model.France is the establishment of a nationwide unified water law to achieve the protection of water resources,thus implicit water content of human rights.The United States because of its common law and law to the case law-based,did not form a unified code to protect water resources,in local laws and some cases which also implies the protection of human rights.It is of reference significance to the protection of human rights in our country.In contrast,the Spanish folk to establish the practice of water court,worthy of our thought.Regional differences will lead to differences in the types of conflicts,the establishment of local water courts can effectively alleviate the regional differences caused by contradictions,according to local conditions to solve the water problem,worthy of our reference.To achieve the protection of Human Rights to Water,we must first clear the legal status of Human Rights to Water,Human Rights to Water by the protection of the Constitution,with human rights have the same legal status.Second,the individual as the inevitable subject of human rights,the opportunity to achieve the rights of the individual is also the right and due obligations.Finally,to determine the obligations of the state,the state is to protect the individual rights to achieve the main obligations of the main,the state to protect water rights,in order to make the realization of Human Rights to Water to follow.