Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 46
Paragraph- Paragraph text
- When non-State actors are involved in service provision, the obligation remains with the State to ensure that the involvement does not result in violations of the rights to sanitation and water; adequate regulation is thus required. Regulation is often understood to refer "to the promulgation of an authoritative set of rules, accompanied by some mechanism, typically a public agency, for monitoring and promoting compliance with these rules" that are aimed at the protection of consumers, investors and the environment. Accordingly, regulatory activities pertain to environmental regulation, consumer protection (including in case of disconnections), the regulation of water quality, economic regulation, and general monitoring of the sector. In order to be effective, regulation requires, inter alia, "independent monitoring, genuine public participation and imposition of penalties for non-compliance." In this section, the independent expert will introduce the relevant human rights standards, consider the responsibilities of non-State actors in the operation of services, highlight the need for institutional and regulatory capacity, pay particular attention to the regulation of informal small-scale providers, and stress the significance of complementary social policies.
- 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)
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Other
- Paragraph number
- 46
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