Common violations of the human rights to water and sanitation 2014, para. 78
Paragraph- Paragraph text
- Given this context, the notion of restorative remedies for violations, whereby the status quo ante is restored, may fall short of addressing the underlying violations at the structural or systemic level. Consequently, transformative remedies, which aim not only to correct direct violations but also the underlying structural conditions, are required in order to provide comprehensive remedies to structural and systemic violations. Examples of such transformative remedies are participatory structural injunctions that require the State to adopt a plan to correct a structural violation with the meaningful participation of beneficiaries and report back to the court on progress made. This allows courts to supervise progress and make ancillary orders to ensure that both the process and outcomes are consistent with the rights to water and sanitation. As such, transformative remedies can move claimants further towards the full enjoyment of human rights. Without such remedies, there is a risk that access to justice will be limited to those people who are in a position to seek remedies for themselves and will preclude claims in the public interest. States may need to ensure that their constitutional and legislative frameworks clearly give their judicial systems the responsibility to provide systemic remedies and to accept complaints in the public interest.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Other
- Paragraph number
- 78
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