An Unfulfilled Promise: The Pursuit of Recognizing the Human Rights to Water and Sanitation in Brazil
Brazil’s struggle to guarantee the human rights to water and sanitation is described as ‘a pursuit and an unfulfilled promise’ by Amael Notini, a member of the HR2W Expert Committee, and a Legislative Counsellor to the Brazilian Senate for Human Rights and Citizenship.. As the struggle to guarantee these rights continues, Amael shows a positive light on the existing legislation and how Brazilians can use these laws to access these rights and resources.
Brazil has the world’s largest freshwater reserve, yet the recognition of the human rights to water and sanitation remains a struggle. Both human rights, because they are not explicitly included in the Constitution or legislation, rely on other constitutional provisions to help protect its citizens, such as the rights to life, health, and a healthy environment. The Judiciary in Brazil has explicitly recognized the human right to water as “an autonomous and enforceable right within the Brazilian legal system,” making it easier and solidifying its justiciability across the country.
“The uneven regional distribution of water resources, compounded by significant social and economic inequalities, has hindered the realization of these rights” – Amael Notini, 2025
How is water included in legislation?
In his review, Amael notes that Water is mentioned as a public good under federal and state jurisdiction; it also is mentioned in Brazilian Water Law, which helps establish the principles for water resource management. The law also sets a high standard in universalisation goals “99% coverage for water supply services and 90% for sanitation services by December 31, 2033” (Notini, 2025) and it addresses economic accessibility to all segments of the population.
Amael covers a brief history of the human rights to water and sanitation and the law in Brazil, concluding that there remains work to be done to fully achieve these rights:
“Achieving formal recognition and implementation of these rights may require a more cohesive and structured approach, driven by clear normative elements, sustained political will, and a commitment to addressing social and economic inequalities.” -Amael Notini, 2025
Get the Brazilian HRWS White Paper from Human Right 2 Water (PDF)
