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Algeria

Algeria

Constitution of the Republic of Algeria (2020)

May 242021

Title II, Chapter I, Article 64:

“The right to obtain safe drinking water shall be guaranteed. The State shall ensure the rational usage and preservation of water for future generations.”

Title II, Chapter I, Article 67:

“Citizens shall have the right to a healthy environment within a framework of sustainable growth.

The State shall work towards preserving the environment.

The law shall determine the obligations of natural and legal persons pertaining to the protection of the environment.”

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Uruguay

Uruguay

Constitution of the Republic of Uruguay (1967)

October 122017

Section II, Chapter II, Article 47:

“The protection of the environment is of general interest. Persons must abstain from any act that causes grave depredation, destruction or contamination to the environment. The law shall regulate this provision and may provide sanctions for transgressors.

Water is a natural resource essential for life.

The access to potable water and the access to sanitation, constitute fundamental human rights.

1. The national policy concerning water and sanitation shall be based on:

a. the ordering of the territory, conservation and protection of the Environment and the restoration of nature.
b. the sustainable management, in solidarity with the future generations, of the hydro resources and the preservation of the hydrological cycle which constitutes [a] matter of public interest. The users and the civil society, shall participate in all the instances of planning, management and control of hydro resources; establishing the hydrological basins [cuencas] as basic unities.
c. the establishment of priorities for the use of water by regions, basins, or parts of them, having the first priority [be] the provision of potable water to the population.
d. the principle that the delivery [prestación] of the services of potable water and sanitation, must have preference for reasons of social order over the economic order.
Any authorization, concession or permission that in any manner infringes the provisions above[,] will be considered of no effect.

2. The surface waters, as well as the subterranean [waters], with the exception of rain water, composing a hydrological cycle, constitute a unitary resource, subordinate to the general interest, that forms part of the public state domain, as public hydraulic domain.

3. The public service of sanitation, and the public service of the provision of water for the human consumer will be provided exclusively and directly by state juridical persons.

4. The law, by three-fifths of the votes of the total of the members of each Chamber, can authorize the supply of water, to another country, when such [country] encounters [the] inability to provide it[,] and for reasons of solidarity.”

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Somalia

Somalia

Provisional Constitution of the Federal Republic of Somalia (2012)

October 122017

Chapter II, Title II, Article 25:

1. Every person has the right to an environment that is not harmful to their health and well-being, and to be protected from pollution and harmful materials.”

Chapter II, Title II, Article 27(1):

“Every person has the right to clean potable water.

Chapter III, Article 45:

“1. The Federal Government shall give priority to the protection, conservation, and preservation of the environment against anything that may cause harm to natural biodiversity and the ecosystem.

2. All people in the Federal Republic of Somalia have a duty to safeguard and enhance the environment and participate in the development, execution, management, conservation and protection of the natural resources and environment.

3. The Federal Government and the governments of the Federal Member States affected by environmental damage shall:

  • a. Take urgent measures to clean up hazardous waste dumped on the land or in the waters of the Federal Republic of Somalia;
  • b. Enact legislation and adopt urgent necessary measures to prevent the future dumping of waste in breach of international law and the sovereignty of the Federal Republic of Somalia;
  • c. Take necessary measures to obtain compensation from those responsible for any dumping of waste, whether they are in the Federal Republic of Somalia or elsewhere;
  • d. Take necessary measures to reverse desertification, deforestation and environmental degradation, and to conserve the environment and prevent activities that damage the natural resources and the environment of the nation.

4. In consultation with the Federal Member States, the Federal Government shall adopt general environmental policies for the Federal Republic of Somalia.”

Chapter V, Title I, Article 52(1e):

“The Federal Government and Federal Member State governments shall ensure that meetings between the Presidents of the Federal Member States and high ranking officials be held regularly to discuss issues that affect their territories, including:

e. The prevention of erosion and the protection of the environment;”

Chapter XV, Title I, Article 133(6b):

“In assigning a drafting project mentioned in Clause (5), the Oversight Committee shall prioritize the project as follows:…

b. Accord high priority to a project that aims at changing the behaviors that constitute a social problem concerning:

  • i. National security, public safety, the protection of basic human rights, or the environment;”
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Honduras

Honduras

Constitution of the Republic of Honduras (1982)

October 72017

Title III, Chapter VII, Article 145:

“The right to the protection of one’s health is hereby recognized. It is everyone’s duty to participate in the promotion and preservation of individual and community health. The State shall maintain a satisfactory environment for the protection of everyone’s health. Consequently, access to water and sanitation are declared to be a human right. Their enjoyment and use shall be equitable with preference to human consumption. Therefore, the preservation of sources of water is guaranteed such that they shall not put life and public health at risk.”

Title V, Chapter X, Article 274:

“The armed forces shall be subject to the provisions of the law establishing them and of the other laws and regulations governing their operation. They shall cooperate with the Secretaries of the Cabinet and other institutions at the order of the same in the tasks of literacy training, education, agriculture, protection of the environment, highways, communications, health, and agrarian reform.”

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Pennsylvania

Pennsylvania

Constitution of the Commonwealth of Pennsylvania (1968)

February 202017

Article I, Section 27:

“The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”

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Massachusetts

Massachusetts

Constitution of the Commonwealth of Massachusetts (1780)

February 72017

Article XCVII:

The people shall have the right to clean air and water, freedom from excessive and unnecessary noise, and the natural, scenic, historic, and esthetic qualities of their environment; and the protection of the people in their right to the conservation, development and utilization of the agricultural, mineral, forest, water, air and other natural resources is hereby declared to be a public purpose.

The general court shall have the power to enact legislation necessary or expedient to protect such rights.

In the furtherance of the foregoing powers, the general court shall have the power to provide for the taking, upon payment of just compensation therefor, or for the acquisition by purchase or otherwise, of lands and easements or such other interests therein as may be deemed necessary to accomplish these purposes.

Lands and easements taken or acquired for such purposes shall not be used for other purposes or otherwise disposed of except by laws enacted by a two thirds vote, taken by yeas and nays, of each branch of the general court.”

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Zimbabwe

Zimbabwe

Constitution of Zimbabwe (2013)

October 152016

Chapter 4, Part 2, Article 73:

“1. Every person has the right-  

a. to an environment that is not harmful to their health or well-being; and

b. to have the environment protected for the benefit of present and future
generations, through reasonable legislative and other measures that-

  • i. prevent pollution and ecological degradation;
  • ii. promote conservation; and
  • iii. secure ecologically sustainable development and use of natural resources while promoting economic and social development.

2. The State must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of the rights set out in this section.”

Chapter 4, Part 2, Article 77:

“Every person has the right to-

a. safe, clean and potable water;” 

*These provisions were promulgated as part of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013, which replaced the 1980 Constitution of Zimbabwe.

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Nepal

Nepal

Constitution of Nepal (2015)

September 282015

Part 3, 30:

“1. Each person shall have the right to live in a healthy and clean environment.

2. The victim of environmental pollution and degradation shall have the right to be compensated by the pollutant as provided for by law.

3. Provided that this Article shall not be deemed to obstruct the making of required legal provisions to strike a balance between environment and development for the use of national development works.”

Part 3, 35(4):

“Each citizen shall have the right to access to clean water and hygiene.”

Part 4, 51(g):

“The State shall pursue the following policies:…g. Policy regarding the conservation, management and use of natural resources:…5. The State shall pursue a policy of making a sustainable use of biodiversity through the conservation and management of forests, fauna and flora, and by minimizing the negative impacts of industrialization and physical development by promoting public awareness on environmental cleanliness and protection…7. The State shall pursue a policy of adopting appropriate ways of minimizing or stopping negative effects on environment if it is there, or if there is a possibility of such an impact on nature, environment, or biodiversity.”

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Egypt

Egypt

Constitution of the Arab Republic of Egypt (2014)

July 222014

Chapter II, Section II, Article 46:

“Every individual has the right to live in a healthy, sound and balanced environment. Its protection is a national duty. The state is committed to taking the necessary measures to preserve it, avoid harming it, rationally use its natural resources to ensure that sustainable development is achieved, and guarantee the rights of future generations thereto.”

Chapter III, Article 79:

“Each citizen has the right to healthy, sufficient amounts of food and clean water. The state shall provide food resources to all citizens. It also ensures food sovereignty in a sustainable manner, and guarantees the protection of agricultural biological diversity and types of local plants to preserve the rights of generations.”

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Morocco

Morocco

The Constitution of Morocco (2011)

July 172014

Title II, Article 31:

“The State, the public establishments and the territorial collectivities work for the mobilization of all the means available [disponibles] to facilitate the equal access of the citizens [feminine] and the citizens [masculine] to conditions that permit their enjoyment of the right:…to the access to water and to a healthy environment.”

 

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Tunisia

Tunisia

Constitution of the Tunisian Republic (2014)

July 172014

Title II, Article 44:

“The right to water shall be guaranteed.”

Title II, Article 45:

“The state guarantees the right to a healthy and balanced environment and the right to participate in the protection of the climate. The state shall provide the necessary means to eradicate pollution of the environment.”

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Dominican Republic

Dominican Republic

Constitution of the Dominican Republic (2010)

July 132014

Title I, Chapter IV, Article 15:

“Water constitutes an inalienable, imprescriptible strategic national patrimony for the use of the public that is not subject to seizure and is essential for life. Human consumption of water takes priority over any other use. The State shall promote the planning and implementation of effective policies for the protection of the water resources of the Nation.”

Title II, Chapter I, Section IV, Article 61(1):

“All persons have the right to integral health. Consequently:

1. The State should safeguard the protection of the health of all persons, access to potable water, improvement of nutrition, sanitation services, hygienic conditions, environmental cleanliness, as well as procure means for the prevention and treatment of all sicknesses, ensuring access to quality medication and giving medical and hospital assistance for free to those who need it.”

Title II, Chapter I, Section IV, Article 67:

“Preventing contamination, protecting and maintaining the environment for the enjoyment of present and future generations constitute duties of the State. Consequently:

1. All people have the right, both individually and collectively, to the use and sustainable enjoyment of natural resources, to live in an environment that is healthy, ecologically balanced, and adequate for the development and preservation of the different forms of life, scenery and nature.

2. The introduction, development, production, tenancy, commercialization, transportation, storage, and use of chemical, biological, nuclear, and agro-chemical weapons that are internationally banned is prohibited, as well as nuclear residues and toxic and dangerous waste.

3. The State shall promote, in the public and private sector, the use of alternative and non-contaminating technologies and energies.

4. In the contracts made by the State or in the permits that it grants that involve the use and exploitation of natural resources, it shall include consideration of the obligation to conserve the ecological equilibrium, the access to technology and its transference, as well as to reestablish the environment to its natural state, if it were to be changed.

5. The public powers shall prevent and control the factors of environmental deterioration, shall impose legal sanctions, the objective responsibility for damages caused to the environment and to natural resources, and shall demand their repair. Additionally, they shall cooperate with other nations in the protection of ecosystems for the length of the marine and land borders.”

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Kenya

Kenya

Constitution of Kenya (2010)

July 132014

Chapter 4, Part 2, Article 42:

“Every person has the right to a clean and healthy environment, which includes the right a) to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and (b) to have obligations relating to the environment fulfilled under Article 70.”

[Article 70 provides that any person may apply to a court for redress of damage to the environment.]

Chapter 4, Part 2, Article 43:

“1. Every person has the right- … (d.) to clean and safe water in adequate quantities;”

Chapter 4, Part 3, Article 56:

“The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups- … (e.) have reasonable access to water, health services and infrastructure.”

Chapter 5, Part 2, Article 69:

“The State shall— (a) ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits; (b) work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya; (c) protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; (d) encourage public participation in the management, protection and conservation of the environment; (e) protect genetic resources and biological diversity; (f) establish systems of environmental impact assessment, environmental audit and monitoring of the environment; (g) eliminate processes and activities that are likely to endanger the environment; and (h) utilise the environment and natural resources for the benefit of the people of Kenya….”

 

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Maldives

Maldives

Constitution of the Republic of Maldives (2008)

July 122014

Chapter II, Article 23(a):

“Every citizen has the following rights pursuant to this Constitution, and the State undertakes to achieve the progressive realization of these rights by reasonable measures within its ability and resources: a. a healthy and ecologically balanced environment. “

 

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Democratic Republic of the Congo

Democratic Republic of the Congo

Constitution of the Democratic Republic of the Congo (2005)

July 112014

Title II, Chapter 2, Article 48:

“The right to decent housing, the right of access to drinking water and to electric energy are guaranteed. The law establishes the modalities of the exercise of these rights.”

Title II, Chapter 3, Article 53:

“All persons have the right to a healthy environment and [one] propitious for their integral development.

They have the duty to defend it.

The State sees to the protection of the environment and the health of the population.”

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Ukraine

Ukraine

Constitution Of Ukraine (2004)

July 92014

Chapter I, Article 13:

“The land, its mineral wealth, atmosphere, water and other natural resources within the territory of Ukraine, the natural resources of its continental shelf, and the exclusive (maritime) economic zone, are objects of the right of property of the Ukrainian people. Ownership rights on behalf of the Ukrainian people are exercised by bodies of state power and bodies of local self-government within the limits determined by this Constitution.

Every citizen has the right to utilise the natural objects of the people’s right of property in accordance with the law.”

Chapter II, Article 50:

“Everyone has the right to an environment that is safe for life and health, and to compensation for damages inflicted through the violation of this right. Everyone is guaranteed the right of free access to information about the environmental situation, the quality of food and consumer goods, and also the right to disseminate such information. No one shall make such information secret.”

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Costa Rica

Costa Rica

Constitution of Costa Rica (1949)

July 92014

Title V, Article 50:

“The State will procure the greatest well-being to all the inhabitants of the country, organizing and stimulating production and the most adequate distribution [reparto] of the wealth.

All persons have the right to a healthy and ecologically balanced environment. For that, they are legitimated to denounce the acts that infringe this right and to claim reparation for the damage caused.

The State will guarantee, will defend and will preserve this right. The Law will determine the responsibilities and corresponding sanctions.

Every person has the human, basic and non-renounceable right of access to potable water, as an essential material for life. Water is an asset of the nation, essential to protect such human right. Its use, protection, sustainability, conservation and exploitation will be governed by that which the law created for these effects establishes[,] and the supply of potable water for consumption by persons and the populations will have priority.”
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Bolivia

Bolivia

Political Constitution of the State (2009)

July 92014

Preamble:

“A State based on respect and equality for all…and on collective coexistence with access to water…”

Title I, Chapter II, Article 9:

“The following are essential purposes and functions of the State, in addition to those established in the Constitution and the law: To promote and guarantee the responsible and planned use of natural resources, and to stimulate their industrialization through the development and strengthening of the productive base in its different dimensions and levels, as well as to preserve the environment for the welfare of present and future generations.”

Title II, Chapter II, Article 16:

“I. Every person has the right to water…”

Title II, Chapter II, Article 20:

“I. Every person has the right to universal and equitable access to basic services of potable water, sewer systems, electricity, gas services in their domicile, postal, and telecommunications services.

III. Access to water and sewer systems are human rights, neither are the object of concession or privatization, and are subject to a regimen of licensing and registration, in accordance with the law.”

Title II, Chapter V, Section I, Article 33:

“Everyone has the right to a healthy, protected, and balanced environment. The exercise of this right must be granted to individuals and collectives of present and future generations, as well as to other living things, so they may develop in a normal and permanent way..”

Title II, Chapter V, Section I, Article 34:

“Any person, in his own right or on behalf of a collective, is authorized to take legal actions in defense of environmental rights, without prejudice to the obligation of public institutions to act on their own in the face of attacks on the environment.”

 

 

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Mexico

Mexico

Political Constitution of the United Mexican States (1999)

July 82014

Title One, Chapter I, Article 4:

“Any person has the right of access, provision and drainage of water for personal and domestic consumption in a sufficient, healthy, acceptable and affordable manner. The State will guarantee such right and the law will define the bases, subsidies and modality for the equitable and sustainable access and use of the freshwater resources, establishing the participation of the Federation, local governments and municipalities, as well as the participation of the citizens for the achievement of such purposes.”

Title One, Chapter I, Article 27:

“The Nation shall … [take] necessary measures …to prevent the destruction of natural resources.”

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Uganda

Uganda

Constitution of the Republic of Uganda (1995)

June 302014

Preamble, XIII:

“The State shall protect important natural resources, including land, water, wetlands, minerals, oil, fauna and flora on behalf of the people of Uganda.”

Preamble, XIV:

“The State shall endeavour to fulfil the fundamental rights of all Ugandans to social justice and economic development and shall, in particular, ensure that -…

b. all Ugandans enjoy rights and opportunities and access to education, health services, clean and safe water, work, decent shelter, adequate clothing, food security and pension and retirement benefits.”

Preamble, XXVII:

“i. The State shall promote sustainable development and public awareness of the need to manage land, air, water resources in a balanced and sustainable manner for the present and future generations.

ii. The utilization of the natural resources of Uganda shall be managed in such a way as to meet the development and environmental needs of present and future generations of Ugandans; and in particular, the State shall take all possible measures to prevent or minimise damage and destruction to land, air and water resources resulting from pollution or other causes.

iii. The State shall promote and implement energy policies that will ensure that people’s basic needs and those of environmental preservation are met…”

Chapter 4, 39:

“Every Ugandan has a right to a clean and healthy environment.”

 

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Ecuador

Ecuador

Constitution of the Republic of Ecuador (1984)

March 22014

Title II, Chapter 2, Section 1, Article 12:

“The human right to water is essential and cannot be waived. Water constitutes a national strategic asset for use by the public and it is unalienable, not subject to a statute of limitations, immune from seizure and essential for life.”

Title II, Chapter 2, Section 2, Article 15:

“The State shall promote, in the public and private sectors, the use of environmentally clean technologies and nonpolluting and low-impact alternative sources of energy. Energy sovereignty shall not be achieved to the detriment of food sovereignty nor shall it affect the right to water.”

Title II, Chapter 2, Section 7, Article 32:

“Health is a right guaranteed by the State and whose fulfilment is linked to the exercise of other rights, among which the right to water, food, education, sports, work, social security, healthy environments and others that support the good way of living.”

Title II, Chapter 6, Article 66(2):

“The following rights of persons are recognised and guaranteed:…The right to a decent life that ensures health, food and nutrition, clean water, housing, environmental sanitation, education, work, employment, rest and leisure, sports, clothing, social security and other necessary social services.”

Title II, Chapter 7, Article 71:

“Nature, or Pacha Mama, where life is reproduced and occurs, has the right to integral respect for its existence and for the maintenance and regeneration of its life cycles, structure, functions and evolutionary processes.

All persons, communities, peoples and nations can call upon public authorities to enforce the rights of nature. To enforce and interpret these rights, the principles set forth in the Constitution shall be observed, as appropriate.

The State shall give incentives to natural persons and legal entities and to communities to protect nature and to promote respect for all the elements comprising an ecosystem.”

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South Africa

South Africa

Constitution of the Republic of South Africa (1993)

February 232014

Chapter 2, Article 24:

“Everyone has the right –

a. to an environment that is not harmful to their health or well-being; and 

b. to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that – 

  • i. prevent pollution and ecological degradation; 
  • ii. promote conservation; and 
  • iii. secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.” 

Chapter 2, Article 27:

“Everyone has the right to have access to – …

b. sufficient food and water;” 

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Niger

Niger

Constitution of the Republic of Niger (2010)

February 182014

Title II, Article 12:

“Each one has the right to life, to health, to physical and moral integrity, to a healthy and sufficient food supply, to potable water, to education and instruction in the conditions specified by the law.”

Title II, Article 35:

Any person has the right to a healthy environment. The State has the obligation to protect the environment in the interest of present and future generations.”

Title VII, Section II, Article 149:

“The State exercises its sovereignty over the natural resources and the subsoil. The exploitation and the administration of the natural resources and of the subsoil must be done with transparency and taking into account the protection of the environment, [and] the cultural heritage as well as the preservation of the interests of present and future generations.”

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Nicaragua

Nicaragua

Constitution of Nicaragua (1987)

February 182014

Title IV, Chapter 3, Article 60:

“Nicaraguans have the right to live in a healthy environment; it is the duty of the State to preserve, conserve and save the environment and natural resources.”

Title VI, Chapter 1, Article 102:

“The natural resources are national patrimony. The preservation of the environment, and the conservation, development and rational exploitation of the natural resources are responsibilities of the State.”

Title VI, Chapter 1, Article 105:

It is the obligation of the State to promote, facilitate, and regulate the provision of basic public services of energy, communications, water, transportation, road infrastructure, ports, and airports to the people, and access to these is their inalienable right. Private investments and their modalities and the concessions of exploitation to private individuals in these areas shall be regulated by law in each case.”

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Listing Results

  • Algeria

    Algeria

    Right to Water, Statement of Public Policy, Substantive Right

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  • Uruguay

    Uruguay

    Right to Water, Statement of Public Policy

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  • Somalia

    Somalia

    Procedural Right, Right to Water, Statement of Public Policy, Substantive Right

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  • Honduras

    Honduras

    Right to Water, Statement of Public Policy

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  • Pennsylvania

    Pennsylvania

    Right to Water, Statement of Public Policy, Substantive Right

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  • Massachusetts

    Massachusetts

    Procedural Right, Right to Water, Statement of Public Policy, Substantive Right

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  • Zimbabwe

    Zimbabwe

    Right to Water, Statement of Public Policy, Substantive Right

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  • Nepal

    Nepal

    Procedural Right, Right to Water, Statement of Public Policy, Substantive Right

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  • Egypt

    Egypt

    Right to Water, Statement of Public Policy, Substantive Right

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  • Morocco

    Morocco

    Right to Water, Statement of Public Policy, Substantive Right

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  • Tunisia

    Tunisia

    Right to Water, Statement of Public Policy, Substantive Right

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  • Dominican Republic

    Dominican Republic

    Procedural Right, Right to Water, Statement of Public Policy, Substantive Right

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  • Kenya

    Kenya

    Procedural Right, Right to Water, Statement of Public Policy, Substantive Right

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  • Maldives

    Maldives

    Right to Water, Statement of Public Policy, Substantive Right

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  • Democratic Republic of the Congo

    Democratic Republic of the Congo

    Right to Water, Statement of Public Policy, Substantive Right

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  • Ukraine

    Ukraine

    Procedural Right, Right to Water, Substantive Right

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  • Costa Rica

    Costa Rica

    Procedural Right, Right to Water, Statement of Public Policy, Substantive Right

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  • Bolivia

    Bolivia

    Procedural Right, Right to Water, Statement of Public Policy, Substantive Right

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  • Mexico

    Mexico

    Right to Water, Statement of Public Policy, Substantive Right

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  • Uganda

    Uganda

    Right to Water, Statement of Public Policy, Substantive Right

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  • Ecuador

    Ecuador

    Procedural Right, Right of Nature, Right to Water, Statement of Public Policy, Substantive Right

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  • South Africa

    South Africa

    Right to Water, Substantive Right

    Read more
  • Niger

    Niger

    Right to Water, Statement of Public Policy, Substantive Right

    Read more
  • Nicaragua

    Nicaragua

    Right to Water, Statement of Public Policy, Substantive Right

    Read more