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Disconnection of water supply of low-income residents in Detroit

Disconnection of water supply of low-income residents in Detroit

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Challenging disconnection of water supply of low-income residents in Detroit

 

International human rights network intervenes in case challenging large-scale disconnection of water supply to tens of thousands of low-income residents in Detroit New York. February 9, 2015. The International Network for Economic, Social and Cultural Rights (ESCR-Net), a global network of over 220 groups and 50 individual advocates from around the world working to secure economic and social justice through human rights, has requested leave from the U.S. District Court to be recognized as amicus curiae[1] in the case of Lyda et al. v. City of Detroit[2] in support of residents challenging the City of Detroit’s decision to cut off water supply to thousands of households unable to pay their bills.

As detailed in the plaintiffs’ complaint, by the end of August 2014 the City of Detroit had disconnected approximately 30,000 households of low-income persons and persons living in poverty from the municipal water supply and sewerage service, leaving them without access to drinking water and water for toilets and basic sanitation.

ESCR-Net, through its amicus brief, seeks to bolster the plaintiffs’ legal challenge by highlighting that the disconnections for inability to pay violate a range of legal obligations applicable to the U.S. under key international human rights treaties.

At the same time, ESCR-Net contends that Detroit’s City Charter, which includes a Declaration of Rights recognizing rights to water, sanitation and decent housing, must be respected. Pursuant to long-established principles of both U.S. law and international law, relevant domestic law must be interpreted consistently with treaty obligations.

Chris Grove, Executive Director of ESCR-Net, said, “Access to justice is required for violations of human rights, and we welcome the opportunity to assist the U.S. District Court with material relevant to consideration of the issues at stake. These issues impact the health, security and human dignity of thousands of Detroit residents and implicate our vision of a just society.”

“A number of human rights are arguably violated by these disconnections, including rights to water, sanitation, adequate housing, health, life, freedom from cruel and inhuman treatment, and non-discrimination. The international human rights obligations of the U.S. also apply to the City of Detroit, and these obligations require that denial of access to water be reversed immediately,” he added.

The City of Detroit’s water disconnection policy has shocked the international community and has prompted, among other reactions, the visit of two United Nations Special Procedures human rights experts to assess the situation in October 2014.[3] Despite the onset of winter, local groups report that the City has continued water shut-offs at the homes of low-income families, the elderly, and the infirm.

It is hoped that the application of international human rights law will help the plaintiffs achieve a just and effective remedy, including renewed access to water and an end to any further disconnections.

A copy of the amicus curiae brief is available here.

 

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About ESCR-Net

ESCR-Net is the largest global network of human rights organizations, grassroots groups and advocates working to build a global movement to make human rights and social justice a reality for all. Please visit http://www.escr-net.org

This action is being led by ESCR-Net Strategic Litigation Working Group members Center for the Study of Law, Justice and Society (Dejusticia), the Global Initiative for Economic, Social and Cultural Rights (GI-ESCR), the Social Rights Advocacy Centre (SRAC), and the Social Rights Institute of South Africa (SERI).

For information regarding this amicus intervention, contact:

  • Susie Talbot. Senior Legal Officer (ESCR-Net) This email address is being protected from spambots. You need JavaScript enabled to view it.

  • Bret Thiele, Co-Executive Director (GI-ESCR) This email address is being protected from spambots. You need JavaScript enabled to view it.. (Tel. +1-218-269-0214)

For information on the situation in Detroit or to speak with residents, contact:

  • Michigan Welfare Rights Organization http://mwro.org/

  • Marian Kramer (313-471-9241), Maureen Taylor (313-729-5558) or Sylvia Orduño (734-846-9465). Office Tel. +1-313-964-0618

[1] An amicus curiae (or ‘friend of the Court’) is a person or organization who, although not a party to a case, is granted leave to submit material to the Court relevant to the disposition of the case and not already brought to the Court’s attention by the parties.

[2] Lyda et al. v. City of Detroit, Case No. 2:15−cv−10038−BAF−RSW, before Hon. Bernard A. Friedman in the United States District Court, Eastern District of Michigan, Southern Division.

[3] See: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15188&LangID=E.

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Climate and Environmental Justice

We have advanced rights-based and gender-transformative transition frameworks through research that centres the lived experiences of women and marginalised communities on the frontlines of extractive energy policies, promoting climate and energy frameworks attentive to the social and care-related impacts of transition pathways. We have developed a clear vision for a gender-just transition, firmly rooted in gender and human rights norms, establishing both the legal basis and the direction for the transformative changes our planet and societies urgently need. In particular, the ‘Guiding Principles for Gender Equality and Human Rights in the Energy Transition’, a collective effort built through online consultations, an in-person workshop and multiple rounds of revision with activists, practitioners and experts from around the world, outline a transformative vision for reshaping global energy systems through a human rights and gender equality lens.

Our work recognises that the climate emergency is both an existential threat and an opportunity to reimagine societies built on social, gender, economic and environmental justice. We ground our advocacy in feminist and intersectional principles, prioritising the agency and perspectives of communities in the Global South who have contributed the least to the climate emergency yet face its most devastating consequences. Central to our approach is the understanding that energy is not merely a commodity but a fundamental human right; essential for dignity, health, education, work and the realisation of countless other rights. We challenge approaches to the energy transition that risk replicating the harmful patterns of fossil fuel extraction and, instead, advocate for transformative policies that ensure human rights and gender equality as central to building climate-resilient societies rooted in dignity, justice and planetary well-being.

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We will continue to challenge approaches that treat energy transition as merely a technical shift, instead positioning it as an opportunity to reimagine economies and societies rooted in dignity for all, with particular attention to communities in the Global South who have contributed least to the climate emergency yet are most exposed to its worst effects.

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We will mainstream rights-based and genderjust transition priorities in key multilateral spaces (particularly, within the Just Transition Work Programme and the to-be-developed Just Transition Mechanism, within the UNFCCC) to guarantee that just transitions are advanced at all levels.

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Economic Justice and Climate Finance

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