The Right to Water as an International Customary Norm: the Implications in Climate Change Adaptation Measures

Water scarcity is a phenomenon of great concern at the international level. Climate change has significant impacts on water access, causing long dry period or intense precipitation, floods and drought. In the brief analysis, it will be proved through States’ practice that the right to water has almost achieved the status of a customary international norm as an independent human right, thus creating obligations upon all States. Considering the relation between water and climate change, it will be argued that the human right to water may be integrated in the adaptation measures provided for by the UN Framework Convention on Climate Change, even though the human rights and climate change regimes are distinct. The practice in climate change adaptation measures which consider the necessity of granting the access to water to the population is an element which supports the existence of an international custom recognizing the right to water as an independent human right. At the same time, however, this international custom may imply the development of a human rights-based approach in matters concerning climate change.