A Tale of Two Communities: Inequality and the Right to Water in Hudorovi? and Others v Slovenia
| Author | Mythili Mishra |
| Position | LLB (LSE) '21 |
| Pages | 170-178 |
Inequality and the Right to Water in Hudorovič and Others v Slovenia Vol. VI
170
A Tale of Two Communities: Inequality and the Right to
Water in Hudorovič and Others v Slovenia
Mythili Mishra*
INTRODUCTION
Hudorovič and Others v Slovenia1 is a case concerning Roma communities living
in informal settlements in Slovenia who did not have adequate access to s afe
drinking water and sanitation. This case was fought in t he context of Slovenia
making access to drinking wate r a constitutional right. 2 This, however, did not
become pertinent,3 and the European Court of Human Rights (ECtHR) found
no violation of Article 84 by a 5 :2 majority in the first ap plication, and
unanimously found no violations under the other Articles and for the second
application. This case note critically analyses three themes in the judgment. First,
it evaluates the Court’s assessment of the right to water, contrasting it with Indian
constitutional jurisprudence, and the framework proposed by the dissenting
judges. It further proposes a qualified right to water in European human rights
law. Second, it argues that the majority dec ontextualised the position of the
Applicants in determining s ocio-e conomic issues. They ignored t he history of
social exclusion and inequality faced by the Roma people and the role of the State
in addressing this, contrary to the concepts of substantive equality and positive
obligations. This makes this case a ‘tale of two communities’. Finally, it notes the
overarching theme of socio-economic right s in the European Convention on
* LLB (LSE) ’21. The author would like to thank Dr Sarah Trotter for her valuable
comments and unwavering support.
1 Hudorovič and Others v Slovenia App nos. 24816/14 and 25140/14 (ECHR, 10 March
2020).
2 James Hendry, ‘The right to water and sanitation under the European Convention’
(2020) 4 PKI Global Justice Journal 14.
3 ibid.
4 Right to respect for private and family life.
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