Common violations of the human rights to water and sanitation 2014, para. 76
Paragraph- Paragraph text
- While courts in many jurisdictions are amenable to litigation challenging human rights violations, access to justice should not generally rely on litigation. States must ensure that water and sanitation services are provided within a context of clear rules. They must adopt measures to prevent human rights violations, for instance through carrying out human rights impact assessments. Where violations are being alleged, dispute and complaint mechanisms should be available with the aim of resolving issues quickly and efficiently. Where human rights violations are not adequately addressed, individuals must be able to proceed to court. Being able to turn to the courts - as a last resort - is an essential component of ensuring access to justice. Violations of the rights to water and sanitation have generally been dealt with more effectively in States where constitutional and legislative protections guarantee that those rights are directly or indirectly justiciable. In States where this is not yet the case, courts and governments should be guided by international developments and recognize the rights to water and sanitation as justiciable. Governments should promote the use of international law in interpreting domestic law.
- 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
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Paragraph type
- Other
- Paragraph number
- 76
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