The human right to water and sanitation is not explicitly recognized in the International Bill of Human Rights. Some scholars deny the legal existence of this right. However, over the last three decades, a number of legal recognitions of certain aspects of this right in specific universal and regional human rights treaties have allowed scholars to evidence the existence of the legal right to water and sanitation. In addition, an increasing number of high level international documents and declarations explicitly recognize the existence of this right, as reflected in declarations of the European Union and the General Assembly of the United Nations. In this context, it may be argued that there is a customary rule of international law in status nascendi concerning the right to water and sanitation.
Gonzalo Aguilar Cavallo , The Human Right to Water and Sanitation: From Political Commitments to Customary Rule?, 3 Pace Int’l L. Rev. Online Companion 136 (2012).