A Comparative Study of the Right to Water of Prisoners and Detainees in Light of the Jurisprudence of the European and Inter-American Courts of Human Rights
1
LL.M Student of International Law at Shiraz University
2
Assistant professor of public law at Shiraz University
3
Assistant professor of international law at Shiraz university
10.22034/law.2025.67797.3498
Abstract
The right to water for detainees and prisoners, as individuals under severe restrictions and state custody, is not only a basic necessity but also a human right that must be upheld to preserve their human dignity and health, while preventing its violation. Recognizing the right to water as an independent right plays a fundamental role in optimally securing and guaranteeing this right. Using a descriptive-analytical method, this article addresses the following question: How has the right to water for deprived individuals been articulated and guaranteed in the jurisprudence of the European and Inter-American Courts of Human Rights? The present study concludes that, given the lack of explicit recognition of this right in the European and American human rights conventions, these two courts have not treated the right to water as an independent right but rather as an aspect of human dignity. Through various cases—such as Vetrovsky v. Ukraine in the European Court of Human Rights and Bison and Others v. Trinidad and Tobago in the Inter-American Court of Human Rights—they have identified violations of the right to water as violations of human dignity. These courts have interpreted access to safe and sufficient water in legal terms, considering its denial a breach of member states’ obligations to uphold human dignity under Article 3 of the European Convention on Human Rights and Article 5(2) of the American Convention on Human Rights. However, in several cases—such as Valašinas v. Lithuania in the European Court—subsuming the right to water under other rights has resulted in the failure to ensure its enforcement for prisoners when the Court did not find a violation of Article 3.
Dordani Haghighi, H. , salehi, H. and Mohammadi, A. (2025). A Comparative Study of the Right to Water of Prisoners and Detainees in Light of the Jurisprudence of the European and Inter-American Courts of Human Rights. Jurisprudence and Islamic Law, (), -. doi: 10.22034/law.2025.67797.3498
MLA
Dordani Haghighi, H. , , salehi, H. , and Mohammadi, A. . "A Comparative Study of the Right to Water of Prisoners and Detainees in Light of the Jurisprudence of the European and Inter-American Courts of Human Rights", Jurisprudence and Islamic Law, , , 2025, -. doi: 10.22034/law.2025.67797.3498
HARVARD
Dordani Haghighi, H., salehi, H., Mohammadi, A. (2025). 'A Comparative Study of the Right to Water of Prisoners and Detainees in Light of the Jurisprudence of the European and Inter-American Courts of Human Rights', Jurisprudence and Islamic Law, (), pp. -. doi: 10.22034/law.2025.67797.3498
CHICAGO
H. Dordani Haghighi , H. salehi and A. Mohammadi, "A Comparative Study of the Right to Water of Prisoners and Detainees in Light of the Jurisprudence of the European and Inter-American Courts of Human Rights," Jurisprudence and Islamic Law, (2025): -, doi: 10.22034/law.2025.67797.3498
VANCOUVER
Dordani Haghighi, H., salehi, H., Mohammadi, A. A Comparative Study of the Right to Water of Prisoners and Detainees in Light of the Jurisprudence of the European and Inter-American Courts of Human Rights. Jurisprudence and Islamic Law, 2025; (): -. doi: 10.22034/law.2025.67797.3498
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