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Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 63l
- Paragraph text
- [The human rights framework does not call for any particular form of service provision. It is well established that, from a human rights perspective, States can opt to involve non-State actors in sanitation and water services provision. But the State cannot exempt itself from its human rights obligations and hence remains the primary duty-bearer. Therefore, also when involving other actors in services provision, the role of the State is crucial. The obligations of States and the responsibilities of non-State actors are complementary. The latter can and should support the State in the realization of human rights. In line with these conclusions, the independent expert offers the following recommendations:] States must put into place supplementary social policies to ensure inclusiveness, such as safety nets and subsidies. These measures must be well targeted to actually reach those who need it most;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 63m
- Paragraph text
- [The human rights framework does not call for any particular form of service provision. It is well established that, from a human rights perspective, States can opt to involve non-State actors in sanitation and water services provision. But the State cannot exempt itself from its human rights obligations and hence remains the primary duty-bearer. Therefore, also when involving other actors in services provision, the role of the State is crucial. The obligations of States and the responsibilities of non-State actors are complementary. The latter can and should support the State in the realization of human rights. In line with these conclusions, the independent expert offers the following recommendations:] To ensure accountability, States and other actors involved should clearly designate roles and responsibilities;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 81d
- Paragraph text
- [Human rights law provides a framework for ambitious, but realistic planning. While the ultimate goal must be universal coverage, the notion of progressive realization tailors this goal to the country situation and allows for the time frame that proves to be realistic in a given context. States must go to the maximum of available resources in the realization of the rights to water and to sanitation, turning to international assistance where needed. Progressive realization also implies gradually higher levels of service. In line with this:] States should formulate and design the necessary measures to meet the set targets;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 83d
- Paragraph text
- [The human rights framework puts a strong emphasis on accountability. Legal frameworks provide the basis for accountability by allowing people to base their claims on legally binding entitlements. These should be complemented by targets backed by relevant and reliable data and reflecting State commitment for which Governments can be held accountable. In this regard:] Where service provision is decentralized, the State must set minimum standards at the national level in order to ensure coherence and countrywide compliance with human rights. As part of the State, local authorities are also bound by human rights law. States must regulate the activities of local governments, and monitor and control their performance in order to ensure that they comply with international human rights obligations. Moreover, States must ensure that these authorities have the necessary financial, human and other resources to effectively discharge their responsibilities. Clear allocation of responsibilities between levels of government is crucial;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 82b
- Paragraph text
- [The human rights framework requires a coherent and comprehensive approach to planning that emphasizes the underlying structural causes and systemic biases for the lack of access to water and sanitation. It requires considering how laws, social norms, traditional practices and institutional structures and actions affect access. As such, the human rights framework helps to not only cure the symptoms, that is, the lack of access, but aims at addressing the underlying reasons, leading to more sustainable results. In this regard:] Strategies and plans must be developed through a participatory and inclusive process ensuring, in particular, that disadvantaged, marginalized and vulnerable people and communities are represented. Participation must go beyond mere information sharing and superficial consultation, and provide real opportunities for influence throughout the planning process;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Integrating non-discrimination and equality into the post-2015 development agenda for water, sanitation and hygiene 2012, para. 76a (iv)
- Paragraph text
- [Against this background, the Special Rapporteur recommends the following:] General recommendations on equality, non-discrimination and equity: The future framework should aim at reducing inequality gaps while focusing on the most economically and socially deprived members of society. The equity approach should not be used alone; rather it should be complemented with the principles of non-discrimination and equality. Embracing both approaches provides an important political foothold by emphasizing areas where human rights law has traditionally been less robust - especially in relation to wealth inequities and global disparities - while also underlining the legal obligation to eliminate discrimination;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Sustainability and non-retrogression in the realisation of the rights to water and sanitation 2013, para. 85
- Paragraph text
- The Special Rapporteur considers sustainability to be a fundamental human rights principle essential for realizing the human rights to water and sanitation. She understands sustainability as the direct counterpart to retrogression; it requires that services be available and accessible to everyone on an almost permanent basis, without discrimination, while ensuring beneficial change through quality services and sustained behavior change. Water and sanitation must be available for present and future generations, and the provision of services today should not compromise the future ability to realize these human rights. Understanding sustainability from a human rights perspective greatly contributes to achieving lasting solutions to water and sanitation challenges for present and future generations.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 88
- Paragraph text
- In many instances only token attention has been paid to participation. All too often, only the well off and powerful, as determined by gender, ethnicity, income and other factors, "participate" in decision-making, to the exclusion of marginalized members of society. The greatest challenge may lie in ensuring participation on the basis of equality. When participatory processes do not unveil and address entrenched power structures and marginalization, they carry the risk of being manipulative and of reinforcing and "legitimizing" inequalities. Equality and non-discrimination demand structural transformation to remove barriers to meaningful participation for all. They also require deliberation and redistributive action to remedy past patterns of resource allocation that have reinforced marginalization.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 83k
- Paragraph text
- [The Special Rapporteur therefore focuses her recommendations on how to more effectively ensure that violations are identified, prevented and remedied, with an emphasis on those areas which have been most neglected. She recommends that States:] Ratify or otherwise accept all optional communications procedures, including the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights , the Optional Protocols to the International Covenant on Civil and Political Rights , the Optional Protocols to the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Elimination of Discrimination against Women , and the Optional Protocol to the Convention on the Rights of Persons with Disabilities, including their inquiry mechanisms;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Affordability of water and sanitation services 2015, para. 87a
- Paragraph text
- [The Special Rapporteur offers the following recommendations. States should take the following measures:] Assess what financing mechanisms and subsidies are in place, including hidden subsidies, and who benefits from them;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Financing for the Realization of the Rights to Water and Sanitation 2011, para. 75a
- Paragraph text
- [Based on the findings of the present report, the Special Rapporteur recommends that States:] Prioritize funding, both in the national budget and for official development assistance, for water and sanitation with a particular focus on extending access to the unserved or under-served. This should include measures to identify the most marginalized, excluded and disadvantaged populations in terms of access to water and sanitation and specific initiatives to improve their situation;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 83h
- Paragraph text
- [The human rights framework puts a strong emphasis on accountability. Legal frameworks provide the basis for accountability by allowing people to base their claims on legally binding entitlements. These should be complemented by targets backed by relevant and reliable data and reflecting State commitment for which Governments can be held accountable. In this regard:] States must put into place mechanisms and remedies to hold the relevant actors accountable for following the plan and achieving the targets it has set;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Wastewater management in the realization of the rights to water and sanitation 2013, para. 87i
- Paragraph text
- [In line with this, the Special Rapporteur offers the following recommendations:] Donors, international organizations and other non-State actors, including the private sector, should meet their human rights obligations and responsibilities respectively, and support States in improving wastewater management and pollution control, in particular through targeting resources to address the most urgent and serious challenges and improve the lives and livelihoods of the most excluded and disadvantaged populations;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 63b
- Paragraph text
- [In line with these conclusions, the independent expert recommends the following:] States must have a vision of how to fully realize the rights to water and sanitation for all, and elaborate national strategies and action plans to implement this vision. These should be endorsed at the highest political level and integrated within national poverty reduction strategies and expenditure frameworks to ensure their operationalization, sustainability and comprehensiveness;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 83f
- Paragraph text
- [The human rights framework puts a strong emphasis on accountability. Legal frameworks provide the basis for accountability by allowing people to base their claims on legally binding entitlements. These should be complemented by targets backed by relevant and reliable data and reflecting State commitment for which Governments can be held accountable. In this regard:] States should build arrangements for monitoring and evaluation into the strategy and plan from the outset;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Integrating non-discrimination and equality into the post-2015 development agenda for water, sanitation and hygiene 2012, para. 76b (iii) d.
- Paragraph text
- [Against this background, the Special Rapporteur recommends the following:] Recommendations regarding goals, targets and indicators for water, sanitation and hygiene: Future goals, targets and indicators on water, sanitation and hygiene must: Address group-related inequalities that vary across countries, such as those based on ethnicity, race, nationality, language and religion;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 82c (iv)
- Paragraph text
- [In line with the above, the Special Rapporteur offers the following recommendations:] Such study and its findings should, in particular: Serve as the basis for the design of specific policies and programmes, the allocation of financial and human resources, targeted evidence-based measures and, where needed, temporary special measures for groups and individuals facing stigma in relation to the rights to water and sanitation;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Wastewater management in the realization of the rights to water and sanitation 2013, para. 87j
- Paragraph text
- [In line with this, the Special Rapporteur offers the following recommendations:] States should promote the integration of human rights into the post-2015 sustainable development agenda through, inter alia, incorporating the elimination of inequalities, drinking water safety, the collection and treatment of wastewater, especially addressing faecal sludge management, and putting particular emphasis on monitoring informal settlements.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 83e
- Paragraph text
- [The Special Rapporteur therefore focuses her recommendations on how to more effectively ensure that violations are identified, prevented and remedied, with an emphasis on those areas which have been most neglected. She recommends that States:] Raise awareness on economic, social and cultural rights and the human rights to water and sanitation in particular so that individuals know their rights and will be able to claim them in the case of violations;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 83j
- Paragraph text
- [The Special Rapporteur therefore focuses her recommendations on how to more effectively ensure that violations are identified, prevented and remedied, with an emphasis on those areas which have been most neglected. She recommends that States:] Provide comprehensive information in their periodic reports to treaty-monitoring bodies, the universal periodic review process and relevant regional mechanisms for the prevention of violations of the human rights to water and sanitation;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Affordability of water and sanitation services 2015, para. 86
- Paragraph text
- Affordability is key for the realization of the human rights to water and sanitation. Ensuring affordable service provision for all people requires a paradigm shift - starting from the perspective of human rights. Economic sustainability and affordability for all people are not impossible to reconcile, but human rights require rethinking current lines of argumentation and redesigning current instruments. The main challenge is to ensure that targeted measures and instruments do, in fact, reach the people who rely on them most. For instance, tariffs must be designed in such a way that the most disadvantaged of those connected to formal utilities receive the assistance they need. It also requires ensuring that public finance and subsidies reach the most marginalized and disadvantaged individuals and communities, who are often not (yet) connected to a formal network, who may live in informal settlements without any formal title or in remote rural areas where self-supply is common, and who are often overlooked or deliberately ignored in current policymaking and planning.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 85
- Paragraph text
- A variety of operational tools was observed among the different funders, some with greater relevance to the human rights to water and sanitation than others. The extent to which those tools can guarantee that development cooperation projects will have positive impacts on human rights depends on at least two factors. First, tools based explicitly on the human rights framework will naturally be more apt to incorporate all relevant standards and cause minimal negative impacts. Recognizing that water and sanitation projects are parts of broader, dynamic contexts that can limit a given project’s results, such tools must ensure adaptability in order to maximize the progressive realization of the human rights to water and sanitation and other related rights. Second, mainstreaming the use of such tools by operational teams involved in project implementation will avoid the risk of standards being applied selectively.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 63n
- Paragraph text
- [In line with these conclusions, the independent expert recommends the following:] States are particularly encouraged to ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 89g
- Paragraph text
- [In line with the above, the Special Rapporteur recommends that States:] Prohibit disconnections due to inability to pay, in law and in regulatory frameworks;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 89h
- Paragraph text
- [In line with the above, the Special Rapporteur recommends that States:] Ensure that instruments delegating service provision, including contracts, reflect the national regulatory framework and human rights standards;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 89k
- Paragraph text
- [In line with the above, the Special Rapporteur recommends that States:] Establish the necessary mechanisms to ensure accountability of regulatory actors;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 63h
- Paragraph text
- [In line with these conclusions, the independent expert recommends the following:] Data collection at the global level and human rights-based monitoring must disaggregate progress according to different grounds of discrimination. Gender and wealth quintiles must be prioritized for that purpose. In addition, a contextualized approach to disaggregation is required. States must identify groups and individuals under their jurisdiction who face discrimination and specifically monitor progress in improving their access to sanitation and water;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 61
- Paragraph text
- The independent expert considers that a more nuanced approach is needed in the debate on the participation of non-State actors in water and services provision, namely, one that overcomes the simplistic public vs. private debate and acknowledges the existence of a wide variety of actors and arrangements for the delivery of water and sanitation services. These are rarely exclusively public or private, and they also involve both the formal and informal sectors.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Integrating non-discrimination and equality into the post-2015 development agenda for water, sanitation and hygiene 2012, para. 76b (iii) e.
- Paragraph text
- [Against this background, the Special Rapporteur recommends the following:] Recommendations regarding goals, targets and indicators for water, sanitation and hygiene: Future goals, targets and indicators on water, sanitation and hygiene must: Address the impacts of individual-related inequalities, present in every country of the globe, such as those based on sex/gender, age, and disability - as they are experienced in the public and private spheres;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Integrating non-discrimination and equality into the post-2015 development agenda for water, sanitation and hygiene 2012, para. 76c (ii)
- Paragraph text
- [Against this background, the Special Rapporteur recommends the following:] Recommendations regarding data sources and methodology: Disaggregation of data is a powerful tool for the collection of detailed and accurate information, but it does not automatically result in the reduction of inequalities. Incentives to reduce inequalities and target the most disadvantaged must be incorporated in the definition of goals, targets and indicators;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph