Article 15 of the Maputo Protocol does not stand alone. It sits within a wider body of international and national law on the right to water. RFLD’s policy brief, Women, Water and Article 15 of the Maputo Protocol, maps these sources. This article gives a short guide for advocates who want to cite them.
The UN recognises a human right
On 28 July 2010, the UN General Assembly adopted resolution 64/292. Its first paragraph “recognizes the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights”.
The UN Human Rights Council has built on this through a series of resolutions, including resolution 33/10 in 2016 and resolution 57/13 in 2024. Resolution 57/13 was adopted without a vote at the Council’s 57th session, which ended in October 2024. The Office of the UN High Commissioner for Human Rights cites it when discussing women and girls.
In 2016, the UN Special Rapporteur on the human rights to safe drinking water and sanitation devoted a report (A/HRC/33/49) to gender equality. It covers menstrual stigma and violence at water points. It calls for “transformative approaches” that meet women’s practical needs and challenge stereotypes about unpaid care work. RFLD’s brief describes it as the key UN text to pair with Article 15.
CEDAW and rural women
The UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) addresses water directly. Article 14(2)(h) gives rural women the right “to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications”. This provision reinforces Article 15 for the rural women who carry most of Africa’s water.
The Sustainable Development Goals
SDG 6 commits all countries to water and sanitation for all by 2030. Target 6.1 aims to “achieve universal and equitable access to safe and affordable drinking water for all”. Target 6.2 aims to “end open defecation, paying special attention to the needs of women and girls and those in vulnerable situations”.
Progress is slow. Globally, coverage of safely managed drinking water rose from 68% in 2015 to 74% in 2024, according to the WHO and UNICEF Joint Monitoring Programme. In sub-Saharan Africa it stood at 31.7% in 2024.
There is a gap, too. UN Women’s Gender Snapshot 2025 notes that SDG 6 has “no gender-specific indicators” in its official framework. Article 15 of the Maputo Protocol, with its explicit focus on women, can help fill that gap in Africa.
African standards
Beyond the Maputo Protocol, African instruments offer further anchors:
- the African Charter on Human and Peoples’ Rights, whose Article 16 protects the right to health;
- the African Children’s Charter, whose Article 14(2)(c) commits States to “ensure the provision of adequate nutrition and safe drinking water”;
- the African Commission’s 2015 Resolution on the Obligations on the Right to Water;
- the African Commission’s 2019 Guidelines on the Right to Water in Africa.
National constitutions and courts
Some African countries have written the right to water into their constitutions. South Africa’s Constitution, section 27(1)(b), provides that “Everyone has the right to have access to… sufficient food and water”, to be realised progressively. In Mazibuko v City of Johannesburg (2009), the Constitutional Court upheld a policy of 6 kilolitres of free basic water per household per month.
Kenya’s Constitution, Article 43(1)(d), states that “Every person has the right to clean and safe water in adequate quantities”. According to the Kenya National Commission on Human Rights, the Water Act 2016 put this right into effect.
In RFLD’s case-study countries, the picture is mixed. Benin’s 2010 water law recognises a citizen’s right to water, but its Constitution does not. Niger’s 2010 Constitution recognised a right to potable water, but that Constitution was suspended in 2023. None of the water laws reviewed in Benin or Cameroon contains a provision on women.
December 2026: the UN Water Conference
The next global moment is the 2026 UN Water Conference, convened by General Assembly resolution 78/327 for 2 to 4 December 2026 in the United Arab Emirates. Senegal is co-host. The conference will hold six interactive dialogues, and a global consultation ahead of it drew 495 inputs from 478 organisations in 87 countries. RFLD’s brief asks civil society to take part in national processes linked to the conference and to press for commitments on gender and water.
For a country-by-country view of women’s rights in national law, see RFLD’s country law profiles.
About the report
This article draws on RFLD’s report Women, Water and Article 15 of the Maputo Protocol, published on 4 October 2026. Read the summary, download the English edition or the French edition.
