Legal pluralism in the area of human rights: water and sanitation

Obani, Pedi; Gupta, Joyeeta

doi:10.1016/j.cosust.2014.09.014

Cited by 20 publications

(24 citation statements)

References 24 publications

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“…This is because the challenges of human rights realisation and human development are not confined to the legal framework (Arts, 2014;McGranahan, 2013;Obani & Gupta, 2014b;Sosa & Zwarteveen, 2016). However, there is no comprehensive scholarly analysis of whether and how the HRS addresses the drivers of poor sanitation (see 3.4).…”

Section: Inchoate Consideration Of the Drivers Of Poor Sanitationmentioning

confidence: 99%

“…Legal pluralism could be de jure, where co-existing multiple legal orders and their linkages are formally recognised by the State, in order to enhance the efficiency and effectiveness of the formal justice system; (Quane, 2013) or de facto, where the State does not recognize nonstate or informal legal orders, but may implicitly allow their operation (Quane, 2013;McGoldrick, 2009). The literature investigates legal pluralism as the outcome of: (a) the historical evolution of legal systems (Farran, 2006) (Tamanaha, 2011;Twining, 2009); (c) fragmentation of the international legal order (Koskenniemi & Leino, 2002); sometimes distinguishing between legal pluralism occurring at the horizontal level (multiple rules operating within the same level of governance) and the vertical level (multiple rules operating across different levels of governance (Conti & Gupta, 2014;Obani & Gupta, 2014b).…”

Section: Legal Pluralism In Human Right To Sanitation Governancementioning

confidence: 99%

“…Second, the developments in the legal and non-legal literature are poorly linked in addressing sanitation governance problems in real life and therefore do not optimally influence key actors in sanitation governance (Obani & Gupta, 2016). Third, there are different discourses and types of knowledge on sanitation that are affected by legitimacy issues (Karpouzoglou & Zimmer, 2016); the outcomes may either support or contradict the HRS and therefore need to be clarified through a legal pluralism diagnostics at multiple levels of governance (Obani & Gupta, 2014b). …”

Section: Incoherence Between Legal and Non-legal Research On The Humamentioning

confidence: 99%

“…In the area of human rights especially, the literature links legal pluralism to principles of equity and justice in the operation of formal and informal legal orders in the sense that legal pluralism -may reflect a pragmatic response to resource or other constraints that are perceived to impede a population's right of access to justice‖ (Quane, 2013, p.677). The legal literature further analyses interactions between international human rights standards and other formal and informal legal orders (ICHRP, 2009a;Nelson, 2010); the role of States in managing the outcomes of such interactions and the importance of protecting individual rights in the process (Quane, 2013;Nelson, 2010), and specific tools for addressing the challenges of pluralism in implementing the human right to water and sanitation (Obani & Gupta, 2014b).…”

Section: Legal Pluralism In Human Right To Sanitation Governancementioning

confidence: 99%

“…There is an increasing scholarly focus on legal pluralism in surface (Prakash & Ballabh, 2005), groundwater governance (Conti & Gupta, 2014), and the human right to water and sanitation (Obani & Gupta 2014b). In the area of human rights especially, the literature links legal pluralism to principles of equity and justice in the operation of formal and informal legal orders in the sense that legal pluralism -may reflect a pragmatic response to resource or other constraints that are perceived to impede a population's right of access to justice‖ (Quane, 2013, p.677).…”

Section: Legal Pluralism In Human Right To Sanitation Governancementioning

confidence: 99%

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Strengthening the Human Right to Sanitation as an Instrument for Inclusive Development

Obani¹

2018

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Section: Inchoate Consideration Of the Drivers Of Poor Sanitationmentioning

confidence: 99%

Section: Legal Pluralism In Human Right To Sanitation Governancementioning

confidence: 99%

Section: Incoherence Between Legal and Non-legal Research On The Humamentioning

confidence: 99%

Section: Legal Pluralism In Human Right To Sanitation Governancementioning

confidence: 99%

Section: Legal Pluralism In Human Right To Sanitation Governancementioning

confidence: 99%

See 3 more Smart Citations

Strengthening the Human Right to Sanitation as an Instrument for Inclusive Development

Obani¹

2018

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Human right to sanitation in the legal and non‐legal literature: the need for greater synergy

Obani

Gupta

2016

WIREs Water

Self Cite

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This review paper analyzes the legal and non-legal literature on the human right to sanitation (HRS). It shows that despite applying different paradigms in framing the HRS, both literature support the following three main conclusions: (a) state and non-state actors, particularly NGOs and private service providers, have potentially mutually supportive roles in the implementation of the human right to water and sanitation (HRWS); (b) the implementation is enmeshed in three potential conflicts-between the human rights approach and cost recovery, state provision of services and the implicit legitimization of informal settlements, and the empowerment of vocal rights holders rather than the marginalized rights holders for whom these rights are primarily meant; and (c) HRWS needs to be better linked to other fields and broader issues to ensure complementarities. The paper also highlights important lessons for both legal and non-legal scholars to learn from each other's research and possibly forge strong multi-and interdisciplinary research themes. Non-legal scholars can benefit from the legal literature's coverage of: (a) the normative content of the HRWS; (b) the theoretical justifications for HRWS; (c) the legal status of HRWS; (d) enforcement mechanisms; and (e) the accountability of duty bearers. Legal scholars can also benefit from the non-legal literature's coverage of: (a) a broader scope for the HRWS and the indicators and monitoring systems used by non-lawyers; (b) learning from the community-led total sanitation (CLTS) experience; (c) the economic justifications for HRWS; (d) the need to link to appropriate technologies; and (e) the accountability of nonstate actors. © 2016 The Authors. WIREs Water published by Wiley Periodicals, Inc. How to cite this article:WIREs Water 2016Water , 3:678-691. doi: 10.1002Water /wat2.1162 INTRODUCTIONT he human right to sanitation (HRS) is a legal construct primarily discussed by legal scholars, but it has emerged as a prominent socio-political discourse and engaged a much wider community beyond lawyers. Its prominence in tackling the global sanitation challenge has been on the rise, particularly since the International Year of Sanitation in 2008 and the adoption of the United Nations General Assembly (UNGA) and Human Rights Council (HRC) Resolutions on the human right to safe drinking water and sanitation (HRWS) in 2010. The HRS has since become a subject for conceptual, sociopolitical, and legal enquiries about its meaning, impact on human lives, and enforceability as a binding right. Hence, this paper adopts a multidisciplinary perspective to explore the main HRS-focused research themes in the legal (used here as a generic term for publications by legal scholars) (see second section) and non-legal literature (used here as a THE HRS IN THE LEGAL LITERATUREThe legal literature discusses the HRS mostly within the context of the HRW and the HRWS and only more recently as an independent right, hence the structure of this section. The Human Right to Water and Sanitation (HR...

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Sustainability as a Moral Value Requires New Ethics

Scarano

2024

Sustainable Development Goals Series

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Legal pluralism in the area of human rights: water and sanitation

Cited by 20 publications

References 24 publications

Strengthening the Human Right to Sanitation as an Instrument for Inclusive Development

Strengthening the Human Right to Sanitation as an Instrument for Inclusive Development

Human right to sanitation in the legal and non‐legal literature: the need for greater synergy

Sustainability as a Moral Value Requires New Ethics

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