Right to water

In 2013 over 8000 households and businesses in the Netherlands were cut off from water after unpaid charges. It is estimated that this is about 500 to 750 families with children. Because of parents not paying their bills, their children do not have access to drinking water at home, nor can they wash themselves and cooking is practically impossible.

How is this possible? Water is a basic necessity and a human right. The Minister of Infrastructure and the Environment Schultz-Van Hagen also endorses this. In her response to questions from the House of Representatives on the closure of water because of non-payment she says:

“It is still government policy that water is a basic necessity. The “Drinkwaterwet” (Drinking Water Act) provides the right to access to water and the obligation for water companies to prevent, as much as possible, the disconnection of the water supply for the small consumer. The fact that water is a human right does not mean that it should be free of charge.” (29 August 2014)

Human rights do not, indeed, give the right on free drinking water. The consequences of the current laws and regulations however – children who do not have access to drinking water at home – does put the protection that human rights offer truly to the test. Children enjoy extra protection because of their vulnerability. Governments should therefore put the best interests of the child first in the making and implementing of policies.

The shutdown of water in households because of non-payment is set in the “Regeling afsluitbeleid voor kleinverbruikers van drinkwater” (Rule of disconnection for small consumers of drinking water, further referred to as: the Rule) and the covenant between water companies and the NVVK (Netherlands’ Association of Debt Counseling and Municipal Banks). The starting point of these agreements is to prevent shutting down of water as much as possible. For example, the Rule prescribes that the water company should first contact the defaulter and encourage him to get help from debt counseling. Thereafter the covenant prohibits the water company to cut off water when the defaulter makes an agreement with debt counseling.

When the affected person cannot get a agreement with debt counseling, or if he refuses to talk to them, the water company is allowed to cut off water. This also happens when children are part of the household. There is no special regulation for children included in the agreements between the water companies and the NVVK. It is very questionable whether this practice is consistent with the rights of the child, as laid down in the Convention on the rights of children of the United Nations. According to this convention, the State shall at all times put the best interests of the child first. The convention also offers children explicitly the right to clean drinking water for combatting disease and malnutrition.

PILP examines to what extent the Dutch policy, with regard to cutting off water in households with children, relates to human rights, in particular in the context of the best interests of the child and the right to drinking water for children.

PILP works on this file together with experts from the children’s rights organization Defence for Children.

Updates:

– Since December 2014 a college law student in Leiden does research into the practice of water shut-off in the Netherlands.

– Please click HERE for our call for research on this topic.

– On the 4th of June 2015, PILP-NJCM, together with Defence for Children, has sent a letter to the government asking for information regarding the right to water for children (letter to the minister of I&M). We ask the government to react to the letter that was sent by mister Van Goethem earlier about this subject (letter to the minister of I&M).

– On June 22, 2015, on behalf of the minister of Infrastructure and the Environment the director of Water and Soil responded in a letter to the PILP about the regulation with regard to the policy of cutting off drinking water. Within the Ministry of Infrastructure and Environment the legal analysis on this matter is almost completed. On the basis of that outcome it will be decided whether the regulation with regard to cutting off drinking water will be adjusted. By midsummer a letter will be sent to the PILP about the outcome of the legal analysis. You can find the letter (in Dutch) here.