Mexico

Mexico has integrated the HRWS in its constitution, but at the time of our research study in 2017, the commitments had yet to be fully and uniformly articulated at state level. In this legal mapping report, WaterLex analyses the current fulfilment of HRWS in three states (Chiapas, Jalisco and Mexico) showing the differences in interpretation, and highlighting opportunities for reform. Alongside this report is a legal mapping publication for easy reference to the relevant national laws in Spanish, and an overview of the current integration of the human rights to water and sanitation in national law.

The research document, entitled “Access to water and sanitation: Analysis of the Mexican legal framework from a human rights perspective” is dividedin two sections:

  • Part A, which explains the water governance framework in the country, highlighting the roles and responsibilities of the different actors, particularly with respect to drinking water and sanitation services.
  • Part B, which discusses Mexico’s commitments in relation to access to water and sanitation, and, more specifically, the HRWS and their integration in the national legal framework. It addresses the normative content of those rights and how related human rights principles are reflected in the legislation.

The report shows that most of the legal requirements related to the HRWS are included in state legislation rather than the federal legal framework. Consequently, clear differences exist across the three states that have been analysed (Chiapas, Jalisco and Mexico). Reforms of the national water law reflecting the amendment on the right to water in the Constitution could provide a more uniform framework for state-level legislation.This report was presented by WaterLex to the United Nations Special Rapporteur on the human rights to safe drinking water and sanitation and his team, ahead of the Special Rapporteur’s country visit to Mexico. It has also formed the basis for discussions with the state-owned water services provider, CONAGUA.