A Comparative Analysis of Implementing the Right to Water and Sanitation in South Africa and Türkiye in the Scope of Sen’s Capability Approach

South Africa and Türkiye are two emerging markets that have witnessed significant migration from rural to urban areas over the past 50 years. A similar challenge in both countries is the growing demand for water, which increasingly exceeds supply, primarily due to climate change and expanding urban populations. While South Africa is regarded as a pioneer in the judicial interpretation of socio-economic rights, there is work to be done as far as advancing the implementation of the right to water. Meanwhile, Türkiye has a draft water law presently undergoing deliberations that draws lessons from South Africa and Brazil. However, further efforts are needed to establish a clear legislative framework that protects the right to water. This article aims to provide a comparative analysis of the law and policy in South Africa and Türkiye, while exploring their connection to the capability approach developed by Amartya Sen. The article will first look at South Africa’s specific position, then explore Türkiye’s framework. Finally, it will present a cross-country comparison of their approaches and offer recommendations for advancing the right to water in both nations. The main findings of the article suggest that, given the challenges of climate change and increasing urban populations, South Africa must learn from Türkiye in advancing the realisation of the right to water. This approach also contributes to expanding people’s freedoms in line with the principles of the capability approach.