The Italian Supreme Court Considers the Applicability of the Human Right to Water to Hotel Guests

By Professor David Sandino

The Human Right to Water (HRTW) is an important principle of international law, providing that all humans should have access to clean, affordable water for drinking, cooking, and sanitation. Sadly, 1 in 4 persons on the planet do not have access to this right according to a recent United Nations report. California codified the HRTW in 2012, and has been implementing it in a variety of ways. The UC Davis School of Law Water Justice Clinic provides legal assistance to rural and disadvantaged communities in California to obtain clean drinking water supplies.

The jurisprudence relating to the HRTW continues to the expand. The Italian Supreme Court ruled recently (4/29/26) the HRTW does not extend as far as hotel guests having a right to tap water who are staying at luxury Italian hotels (A.A. v. Hotel Sassongher, No. 9040/2024). Relying on both international law relating to the HRTW and Italian domestic law relating to hotel services, the plaintiff alleged that because tap water was unavailable at the hotel, he was required to drink expensive bottled water for hydration instead. He claimed the HRTW affordability component was violated. The Italian Supreme Court rejected the plaintiff’s argument, reasoning this case boiled down to a business contract dispute between the plaintiff and the hotel, and the hotel had no business obligation to provide tap water under Italian domestic law. This is consistent with the idea that the HRTW was created to protect developing and low-income communities from substandard water supplies, not hotel guests unhappy with the cost of bottled water.