The Dutch government’s policy of disconnecting children from drinking water in the event of non-payment is unlawful. The Dutch State and drinking water companies PWN and Dunea deliberately left open the possibility that children, through no fault of their own, find themselves in a situation with far too little access to drinking water. This is what the court in The Hague ruled.
Minor children in the Netherlands are cut off from drinking water if their parents do not pay the bill. Defence for Children and the Dutch Section of the International Commission of Jurists (NJCM) filed the case, because water cuts among families with children are contrary to the UN Convention on the Rights of the Child. They were assisted pro bono by lawyers from PILP and De Brauw Blackstone Westbroek.
Right to water
The court rules that children have an independent right to access to drinking water. By not making the best interests of the child the primary consideration in the ‘Disconnection Policy for Small Users of Drinking Water’, the Dutch State has acted unlawfully. The court orders the State to take measures to ensure that children no longer end up in situations where they do not have enough access to drinking water. Drinking water companies Dunea and PWN are both prohibited from cutting off the drinking water supply to underage children. In addition, they must reconnect the water supply to families with children to whom the drinking water supply is not cut off.
No child without water
The organizations are pleased with the ruling. “This ruling is historic,” said Mirjam Blaak, director of Defence for Children. “Recognizing the independent right of children to access water is a right step.” Kavita Hira, president of the NJCM, said: “With the recognition of this fundamental right for a child, a foundation has finally been laid to put an end to this degrading practice of water disconnections.”
The judgement can be found here.
