Different levels and types of services and the human rights to water and sanitation 2015, para. 92
Paragraph- Paragraph text
- Any decisions on the adoption of certain technologies, types of services, management models and the prioritization between different measures must be taken on the basis of active, free and meaningful participation of all those concerned. South African courts have developed the concept of "meaningful engagement", which stipulates requirements for the process of decision-making. In the context of sanitation services, a court ruled that meaningful engagement requires consultation with authorized representatives following the sharing of information and technical support, where necessary. It also voiced concern that a majority within a community cannot approve arrangements in terms of which the fundamental rights of a vulnerable minority within that community will be violated. In doing so, the Court highlighted the essential role of inclusion in participatory processes to avoid that the process is captured by the elite, better-off, majority group (see A/69/213).
- 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)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2015
- Paragraph type
- Other
- Paragraph number
- 92
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