According to the World Health Organization, approximately 2 billion people lack access to clean drinking water, and 3.6 billion do not have safely managed sanitation. Many of the world's most vulnerable populations struggle to access these essentials for a healthy life.

Although the United Nations recognized clean water and effective sanitation as fundamental human rights a decade ago, embedding these rights into national constitutions is a considerable challenge.

Together with the nonprofit Human Right 2 Water, White & Case has developed a strong pro bono partnership to tackle this issue. Over the past few years, White & Case has supported Human Right 2 Water's mission to collect, use and share knowledge on how the human rights to water and sanitation should be integrated into local jurisdictions' law and policy.

In-depth review

According to Human Right 2 Water, White & Case's experience in international law provides critical support as the nonprofit works to make constitutional and policy changes in local jurisdictions.

In 2023, 62 lawyers and legal staff from 20 offices conducted an analysis of every country in the world to assess which national constitutions include protections for the rights to water and sanitation. The initial analysis shows that only approximately 25 percent of countries have these rights enshrined in their foundational legal documents.

However, many countries have common law traditions through which judicial decisions or cumulative case law can create legal protections that have similar practical effects to constitutional rights. In 2023, approximately 30 White & Case lawyers teamed up with more than a dozen lawyers from a corporate client to better understand legal protections for clean water and adequate sanitation in these countries.

"The latest judicial review has demonstrated the importance of including these human rights in national constitutions," says Human Right 2 Water CEO Amanda Loeffen. "This kind of research is vital to advocacy and engagement efforts."

Local knowledge, global perspective

Over the years, the Firm has contributed to significant water and sanitation rights projects, such as:

• During the pandemic, 88 lawyers and legal staff from 28 offices researched and wrote a report that addressed how governance systems in several countries can ensure that vital services, such as water and sanitation, can continue during a pandemic or other emergency
• In 2022, more than 110 lawyers and legal staff from 25 offices analyzed the legal and policy links in 16 countries between the human rights to safe drinking water and sanitation and the human right to a healthy environment
• In 2022, 25 lawyers and legal staff from 11 offices reviewed a series of UN Voluntary National Reviews to determine how many of them address water and sanitation priorities. These reviews enable an independent expert to assess a country's progress on sustainability goals and share best practices with other countries

Photo by © Karen Kasmauski / GettyImages
Washing vegetables in a village in northern Sierra Leone, using a water gravity system that draws water from a local mountain.