Search Tips
sorted by
300 shown of 1561 entities
Service regulation and human rights to water and sanitation 2017, para. 15
- Paragraph text
- The human rights to water and sanitation are binding on the State as a whole. All public or governmental authorities, or separate State bodies exercising regulatory functions at national, regional or local levels, have the responsibility to realize the State’s human rights obligations. To that end, regulatory actors must ensure that their policies, procedures and activities are compliant with the State’s international human rights obligations in relation to the rights to water and sanitation. Their obligations also include ensuring human rights compliance by the municipalities and other entities that they regulate (see A/HRC/36/45/Add.1, para. 31).
- 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 32
- Paragraph text
- Regulatory frameworks may also be characterized by a broad spectrum of contractual arrangements between governments which formally delegate service provision, and third parties. In such cases, the instrument delegating service provision defines the relationship between the public asset owner and the service provider and sets service standards. In the case of State-owned companies, management will usually be delegated via legislation, decrees or contracts, while public authorities will often enter into contracts with private providers. Contracts may differ according to the ownership of assets, the responsibility for capital investments, the allocation of risks, the responsibility for operations and maintenance, and the typical contract duration. France is a country with a long history of this type of regulation, established through private-sector participation contracting with local government.
- 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
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 66
- Paragraph text
- Regulatory frameworks are often only applied to formal service providers, which may range from large-scale utilities to small municipal and cooperative providers. Where formal provision exists, it is expected that there will be available data on standards and targets set, which can be monitored by a regulatory actor. However, small municipal and cooperative providers often have more difficulties in living up to quality standards than large-scale utilities do. Regulatory actors can play a proactive role in enhancing small-scale providers’ performance by monitoring them, providing them with information and recommending strategies that might help them improve their 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
Service regulation and human rights to water and sanitation 2017, para. 67
- Paragraph text
- According to Investing in Water and Sanitation: Increasing Access, Reducing Inequalities (UN-Water Global Analysis and Assessment of Sanitation and Drinking Water, 2014 report), less than half of countries report a functioning process whereby formal rural drinking-water service providers report the results of their internal monitoring to regulatory authorities and also use the results to trigger corrective action. Moreover, performance results are not typically made public for a majority of service providers. Only for urban formal service providers were performance results made public for over 60 per cent of respondent countries. Countries indicated that the extent of independent surveillance of water quality was far greater in urban areas: nearly 70 per cent of countries reported surveillance in urban areas, compared to only 40 per cent in rural areas.
- 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
Service regulation and human rights to water and sanitation 2017, para. 69
- Paragraph text
- The situation becomes far more complex when monitoring informal small-scale providers. Piped systems are often not available to rural households or to those living in informal settlements in urban areas (see A/70/203, para. 64). This represents a significant problem of inequality in access, as people living in these areas, who are often poorer, have to rely on alternatives that are often of lower quality and that tend to cost far more. In these situations, some types of services, such as informal shared or communal facilities and unregulated individual on-site solutions, are seen as necessary short- to medium-term solutions. However, without suitable regulation and monitoring, none of these services can be guaranteed to comply with human rights standards.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 70
- Paragraph text
- Non-governmental organizations and community-based organizations are taking on an important role in informal service provision, stepping in where the State is not involved in such activities. Many of the same challenges in relation to regulation and accountability apply to the activities of such organizations, for instance ensuring consistent standards as regards quality of services and ensuring that organizations are accountable to the people they serve. Population groups in many countries are served by community and informal service providers, which rarely report internal monitoring results to authorities.
- 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
Service regulation and human rights to water and sanitation 2017, para. 71
- Paragraph text
- One approach to monitoring in informal settlements that has shown positive results is the use of participatory geographic information systems, which merge technical spatial information with a local community’s location-specific knowledge, often producing rich data including on land use, water sources, differentiated access to resources and sites of actual or potential environmental hazards. For instance, OpenStreetMap initiatives in informal settlements in Nairobi have generated detailed data indicating how many households share a toilet, whether there are gender-specific toilets, whether the toilets have disability access and whether the toilets provide sanitary bins for women (see A/69/213, para. 82).
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 38
- Paragraph text
- The Water Resources Sector Strategy, published in 2004, contains some relevant provisions and guidelines related to the human rights to water and sanitation. For instance, it establishes that communities should be vested “with ownership rights and authority to select service providers”, contributing to the enjoyment of the right to participation. Projects and programmes should strengthen “regulatory oversight capacities, institutions and processes to provide greater transparency and predictability”. Moreover, financially disadvantaged people are to be ensured “access to safe, affordable water supply and sanitation services by reducing costs and increasing accountability”. However, the World Bank’s pro-poor focus is not equivalent to a human rights-based approach, since it does not embody the full spectrum of the human rights framework.
- 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 61
- Paragraph text
- Infrastructure projects that rapidly prove to be unsustainable are widespread in water and sanitation. This was evidenced, for example, by the European Court of Auditors review of European Union development assistance for the sector in sub-Saharan countries. According to a review of 23 projects in six countries, despite infrastructure being properly installed, fewer than half of the projects delivered results meeting the beneficiaries’ needs and the majority of projects were considered to be unsustainable in the medium and long term unless non-tariff revenue could be ensured or operational institutions (that is, service providers) could be strengthened.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 43
- Paragraph text
- The UNICEF Strategy for Water, Sanitation and Hygiene (2016-2030) integrates the full normative content of the human rights to water and sanitation in its vision for the sector and targeted outputs. The strategy outlines multiple “programming principles” — aspirational, outcome-based objectives to be considered throughout project design and implementation — that incorporate several human rights principles. Some of those programming principles include reducing inequality, delivering quality services at scale and strengthening accountability at all levels.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 28
- Paragraph text
- The general development cooperation policy of Japan is found in its development cooperation charter, revised in 2015. The charter reaffirms the country’s obligations to promote human rights through its international development activities. According to the charter, activities in the water supply and sanitation sector fall under the country’s policy umbrella of promoting development for human security. In the charter, “quality growth” and poverty eradication through such growth is designated as a priority policy issue, encompassing water supply and sanitation. Indeed, Japan adopts a cross-sectoral approach, that is, the approach to strengthening health systems also includes the strengthening of water services and other infrastructure (CRC/C/JPN/3, para. 68).
- 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
- Health
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 45
- Paragraph text
- Funders employ a variety of practical instruments directed to project managers and operational teams to administer development cooperation activities in ways that comply with their policies and goals. Such tools are key to translating policy provisions into actual methods to realize the human rights to water and sanitation. Examples of such instruments include toolboxes, manuals and technical guidelines, which provide the particular benefit of being more adaptable and renewable than policy frameworks. Thus, such instruments fulfil the purpose in the human rights development cycle of instructing funders’ operational teams on how to maximize positive contributions to the realization of the human rights to water and sanitation. Yet, given the frequent absence of an obligation for funders and implementers to apply those instruments, their effectiveness can be limited.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 33
- Paragraph text
- The European Union has in place a regulation establishing a financing instrument for democracy and human rights worldwide. The most recent specific policy document on the water and sanitation sector was endorsed in 2002 by the Council of the European Union. It emphasizes the importance of relevant principles and standards related to participation, gender equality, transparency and access to information, financial and environmental sustainability in service provision, affordability, and improving service levels for the poorest populations and rural, urban and peri-urban areas.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Gender
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 68
- Paragraph text
- Acceptability of services can be achieved by taking users’ distinct characteristics, habits, preferences, needs and beliefs into account during project design and implementation. Attention to acceptability was observed in a project that used participatory methods to inform the design of several schools’ sanitation facilities. Occurring in a majority Muslim community, the project took into consideration the community members’ particular preferences for the design of toilet facilities, in addition to the needs of persons with disabilities, who were also included in the participatory processes. Activities to promote awareness throughout the implementation of projects can also encourage behavioural change and lead to greater acceptability of services.
- 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
- Persons with disabilities
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 74
- Paragraph text
- From a broader perspective, ensuring the public’s access to information on development cooperation projects enhances transparency and enables more effective monitoring of a funder’s contribution to reducing inequalities and achieving the aims of its development agenda. Adequate access to information relies on the availability and accuracy of information. For instance, the majority of development projects registered in the relevant database of the Organization for Economic Cooperation and Development do not clearly indicate whether rural or urban areas have been targeted (ibid., para. 20). In the research for the present report, it was apparent that many funders’ self-reported data differed greatly from data in the Creditor Reporting System of that organization.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 71
- Paragraph text
- Moreover, two projects assessed employed community workers and local committees of residents tasked, inter alia, with ensuring that beneficiaries could accompany the project implementation process and relay their opinions or concerns.
- 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
Service regulation and human rights to water and sanitation 2017, para. 33
- Paragraph text
- A number of human rights challenges arise when regulating service provision by contract, particularly when non-State actors are involved. Such challenges include guaranteeing transparent and democratic decision-making, addressing power asymmetries in the bidding and negotiation process, ensuring affordable services, avoiding disconnections in cases of inability to pay, ensuring monitoring and accountability, and addressing corruption. It is also important that contracts, which are normally valid for decades, can be reviewed and adapted over time.
- 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
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 62
- Paragraph text
- Monitoring is essential for understanding current levels of access to water and sanitation services — by focusing on issues such as affordability and water quality, identifying barriers to access for unserved or underserved populations, and ensuring that participatory processes are inclusive. National and local monitoring processes gather information that helps identify drivers and bottlenecks, highlight gaps, and assess strengths and challenges, and as such are essential for the realization 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)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 81
- Paragraph text
- Regulatory actors play a key role in ensuring service providers’ accountability for non-compliance with the human rights to water and sanitation. To ensure accountability, regulatory frameworks must clearly define the roles and responsibilities of all stakeholders involved in service provision and provide clear and accessible information on the complaint mechanisms available at different levels. A growing number of independent regulatory bodies have complaint mechanisms for the resolution of disputes between service providers and users.
- 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
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 1
- Paragraph text
- Pursuant to Human Rights Council resolutions 27/7 of 2014 and 33/10 of 2016, the Special Rapporteur on the human rights to safe drinking water and sanitation, Léo Heller, was mandated to work on identifying challenges and obstacles to the full realization of those rights, as well as protection gaps, good practices and enabling factors. The subject of the present report is the regulation of water and sanitation services in the context of realization of human rights and the report aims to discuss the essential role that regulatory frameworks can play in the implementation of these human rights at the national level. In this respect, it outlines the legal obligations and responsibilities of States, regulatory actors and service providers in progressively realizing the human rights to safe drinking water and sanitation through regulatory frameworks.
- 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
Service regulation and human rights to water and sanitation 2017, para. 2
- Paragraph text
- As part of the consultation process, the Special Rapporteur invited States and non-State actors to contribute their views and perspectives in writing, through a questionnaire. A total of 43 submissions were received. Eighteen submissions were received from States, and 25 submissions were received from non-State actors including civil society organizations, private service providers, academia and international organizations. Furthermore, in order to collect the views of other stakeholders, the Special Rapporteur convened an expert consultation which was held on 22 and 23 May 2017 in Rio de Janeiro, Brazil.
- 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
Service regulation and human rights to water and sanitation 2017, para. 20
- Paragraph text
- All service providers, whether public, State-owned or private, must comply with the State’s legal and regulatory framework. In cases where the State is the service provider, at central level or often through its municipalities, it must act in compliance with the laws and regulations of the State and in line with its international human rights obligations. Where service provision is formally delegated by the State to non-State actors, the State cannot exempt itself from its human rights obligations and retains the obligation to regulate and monitor their activities. Non-State service providers (formal and informal), on the other hand, have human rights responsibilities, which include complying with the national regulatory framework and respecting 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)
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 23
- Paragraph text
- As part of their human rights responsibilities, service providers should establish legitimate, accessible, predictable, equitable, rights-based and transparent grievance and remedy mechanisms that allow individuals to bring alleged human rights abuses to their attention (see A/HRC/8/5, paras. 82 and 92). This should be required by the regulatory framework as it is part of exercising human rights due diligence, since accountability mechanisms enable the service provider to become aware of its human rights impacts. Equally important is the responsibility of service providers to provide regulatory actors with the necessary information regarding service provision, especially information on their performance.
- 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
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 24
- Paragraph text
- The implementation of the human rights to water and sanitation depends heavily on national legal and regulatory frameworks. While constitutional recognition of these rights shows a strong national commitment to their realization, and facilitates their inclusion in domestic laws, it does not constitute a conditio sine qua non for their inclusion in national legal frameworks. Kenya, for example, underwent a process of legal and regulatory reform before enshrining these rights in its Constitution. Laws give voice to national policies, and aspire to achieving universal realization of the rights, while rules and regulations set performance standards and determine how services should be provided to the population, as they encapsulate the technical and scientific requirements needed to give meaningful content to the general terms contained in laws. The fact that the provision of water and sanitation services must be adequate for human dignity, life and health, in accordance with the International Covenant on Economic, Social and Cultural Rights, places concrete human rights obligations on national 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
- Health
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 25
- Paragraph text
- Regardless of the regulatory model chosen, currently most water and sanitation regulatory frameworks typically incorporate aspects of economic regulation (asset management planning and tariff-setting), of quality of service regulation and of drinking water quality regulation. Some may also include aspects of environmental regulation, mainly water abstraction and wastewater discharges, of user interface regulation or of legal and contractual regulation. The fact that different forms of regulation have been adopted for specific purposes without explicit mention of the human rights to water and sanitation standards or principles does not necessarily mean that those forms of regulation do not take into consideration at least partially these standards and principles. In this context, it is essential to emphasize a distinction between fully incorporating the human rights to water and sanitation into regulatory frameworks and choosing some selected aspects of it to comply with. For States to fulfil their human rights obligations, the whole human rights to water and sanitation framework must be reflected in States’ regulatory norms and activities.
- 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
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 38
- Paragraph text
- The International Water Association’s Lisbon Charter underscores the importance of ensuring an adequate level of institutional, functional and financial independence of regulatory bodies. Some of the features that would characterize independent regulatory bodies include: (a) a stable mandate, which does not depend on either the electoral cycle or changes of government; (b) autonomy in exercising their regulatory functions; (c) the definitive nature of their decisions, which can only be challenged in the courts; and (d) substantial administrative autonomy in their human and budgetary resource management.
- 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
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 39
- Paragraph text
- However, some argue that independence from the government may be both unrealistic and in some situations undesirable. In essence, regulatory bodies must ensure the implementation of public policies defined by the government for the regulated sectors. This means that in situations where water policy needs to be reconciled or balanced with social and public policy in order to pursue human rights standards (e.g. affordability) or comply with the government’s international human rights obligations, regulatory decision-making processes should encourage the meaningful participation of the relevant governmental sectors (see A/HRC/36/45/Add.1, para. 36). Governments should be able to legitimately influence both the process of regulatory decision-making and its outcomes in cases where regulation by itself is not sufficient to meet the standards of the human rights to water and sanitation. While the independence of regulatory bodies from governments should not be understated, particularly in countries where corruption is rampant, the question should not be considered in isolation from human rights considerations.
- 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 18
- Paragraph text
- One example of relevance to the present report is the European Union, which has human rights obligations as a part of treaty obligations. Article 21 (2) of the Treaty on the European Union establishes a mandate for the organization to support human rights in all fields of international relations. The European Union is also directly bound by the Convention on the Rights of Persons with Disabilities, which it ratified in 2010, particularly article 28, relating to the human right to water, and article 32, relating to international development. Therefore, the obligation to implement human rights in the European Union’s development cooperation applies to European Union institutions responsible for formulating development policies.
- 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
- Persons with disabilities
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 20
- Paragraph text
- Within the framework of international human rights treaties, all levels of government, including development cooperation agencies, have obligations to adopt specific policies aimed at the realization of the human rights to water and sanitation in legislative form or in other measures (Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on the nature of States parties’ obligations, paras. 6-7). Outside of the human rights treaty framework, myriad funders have expressed their commitment to realizing human rights through various international instruments. For instance, in the 2008 Accra Agenda for Action, most funders committed themselves to establishing and implementing development cooperation policies and programmes that respect human rights.
- 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 39
- Paragraph text
- However, the scant existence of specific, universal policy guarantees for water and sanitation projects reflecting human rights standards effectively grants officials from the World Bank and from partner States the liberty of determining a project’s goals and methods on a case-by-case basis. Moreover, one senior official of the Bank understands that “any project that improves access to improved [water supply and sanitation] is a step towards universal access” and that this is enough not to be negligent of the human rights framework. In the light of this discretionary approach, while some projects funded by the Bank could possibly be aligned with the human rights framework, others risk neglecting human rights.
- 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
- N.A.
- Year
- 2017
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
Development cooperation and the human rights to water and sanitation 2017, para. 72
- Paragraph text
- One project, in which the funder provided budget support to the partner State, consists of maintaining dialogue among government authorities with the aim of supporting sector reform. However, the process seemed to apply a non-participatory approach as relevant stakeholders, including local governments and civil society organizations, were apparently excluded from the discussion of key decisions. That may be a source of future conflict and could jeopardize the legitimacy of the agreements that will be made. The human rights to water and sanitation require funders to take measures to ensure meaningful participation by all stakeholders and to support partner States in developing methods to promote participation (for example, multi-stakeholder dialogues involving the authorities concerned, civil society organizations, private sector entities and marginalized groups). Such dialogues can contribute to building political will, to planning a more appropriate restructuring in the sector recognizing the diverse needs of various groups and their rights, and to creating opportunities to hold public authorities accountable.
- 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 80
- Paragraph text
- Post-project assessments can be conducted either by funders themselves, through internal or external sources or by partner States. The Japan International Cooperation Agency employs evaluations conducted by the Governments of partner States, consultants, think tanks, academic institutions or non-governmental organizations with professional competence in the field. Such assessments are meant to ensure greater transparency and fairness in Japanese development cooperation. Formulating development policies based on evidence confirmed by partner State-led evaluation processes rather than evaluations performed solely by funders may enrich and legitimize those funders’ policies. To that end, it is important to offer support where necessary to enhance the evaluation capacities of the partner State in an impartial and independent manner.
- 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
Service regulation and human rights to water and sanitation 2017, para. 53
- Paragraph text
- Inextricably linked to the question of setting affordability standards for water and sanitation services is the issue of disconnections. Regulatory frameworks should set an outright prohibition on disconnections due to inability to pay.
- 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
- 2017
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
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
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
Service regulation and human rights to water and sanitation 2017, para. 28
- Paragraph text
- The role of regulation and monitoring becomes particularly challenging in rural areas and in densely populated informal settlements in urban areas, where large proportions of the population are not served by a piped network and rely on informal small-scale providers, which often operate unregulated and as a result provide poor-quality services at high prices. Given the informal nature of the provision, and the lack of regulation and monitoring, users of such services do not have a complaint mechanism that they can avail themselves of when services are inadequate or unaffordable.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 91d
- Paragraph text
- [In the project selection, design and implementation stages, the Special Rapporteur reiterates the importance of measures and safeguards with the specific aim of ensuring human rights compliance (ibid., para. 74 (b)) and recommends that funders:] Ensure that the design and implementation of projects are carried out in a transparent manner with the participation of related stakeholders, including beneficiaries of the project, providing ample access to relevant information and including mechanisms to address the accountability of funders;
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 91a
- Paragraph text
- [In the project selection, design and implementation stages, the Special Rapporteur reiterates the importance of measures and safeguards with the specific aim of ensuring human rights compliance (ibid., para. 74 (b)) and recommends that funders:] Balance water and sanitation projects and coverage of those services between urban and rural areas in a way consistent with the progressive realization of the rights to water and sanitation in each context;
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 91b
- Paragraph text
- [In the project selection, design and implementation stages, the Special Rapporteur reiterates the importance of measures and safeguards with the specific aim of ensuring human rights compliance (ibid., para. 74 (b)) and recommends that funders:] Ensure that the selection, design and implementation of projects apply the framework for the human rights to water and sanitation, notably prioritizing those people in the most vulnerable situations;
- 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
Service regulation and human rights to water and sanitation 2017, para. 34
- Paragraph text
- Meaningful public participation and access to information are human rights principles that often tend to be overlooked by States and service providers during the process of tendering, bidding and contract negotiation. From a human rights perspective, it is crucial that governments ensure that contractual arrangements include the necessary human rights safeguards, and that overall they contribute to, rather than undermine, the realization of the human rights to water and sanitation, without discrimination.
- 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 36
- Paragraph text
- In the past two decades, a general trend in many countries in terms of regulation has been the establishment of public entities that are expected to be independent from providers, governments and the direct administration of the State, designated as independent regulatory bodies. The need for autonomous regulatory bodies has been reinforced by the belief that policy, regulation and provision of services should preferably be separated to ensure maximum benefit from the expertise required and to provide transparency.
- 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 7
- Paragraph text
- The human rights obligations of States are classified as obligations to respect, to protect and to fulfil. The obligation to respect requires that States’ regulatory frameworks refrain from interfering directly or indirectly with people’s existing access to water and sanitation. To that end, States must ensure that their regulatory framework prohibits disconnections from water and sanitation services due to users’ inability to pay, as it is a retrogressive measure and violates the human rights to water and sanitation, must ensure, when extending piped networks to informal settlements, that these services are affordable so as not to interfere with people’s access, and must avoid discriminatory or unaffordable increases in the price of water and sanitation services due to inadequate regulation. Furthermore, preparedness for situations of armed conflict, emergency situations, natural disasters and effects of climate change requires that States embrace in their regulatory frameworks the obligations relevant to water and sanitation provision pursuant to international humanitarian law.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Humanitarian
- Poverty
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 8
- Paragraph text
- The obligation to protect requires States to prevent third parties from interfering in any way with the enjoyment of the human rights to water and sanitation by establishing an effective regulatory system, which includes independent monitoring, genuine public participation and imposition of penalties for non-compliance. In cases in which the provision of water and sanitation services is delegated to third parties, the State has the obligation to regulate the activities of those institutions to ensure that all aspects of human rights are guaranteed (see A/HRC/33/49/Add.2). Establishing an effective regulatory framework comprises the obligations to set service standards in line with the normative content of the human rights to water and sanitation, and to create public authorities to carry out regulatory functions independently.
- 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 43
- Paragraph text
- Regulations should give a practical meaning to “availability” and ensure, at least, access to a minimum essential amount of water that is sufficient, reliable and safe for personal and domestic uses to prevent disease. According to the World Health Organization (WHO) guidance, an intermediate level of access, to 50 litres per person per day, represents a low level of health concern (provided that absence of contamination is rigorously assessed), while an optimal level of access, to 100 litres per person per day, represents a very low level of health concern. A regulatory interpretation of “availability” should also consider situations where additional supply of water is required due to health issues, climate conditions (i.e. drought), emergency/disaster situations, work conditions, or any other special circumstances; and situations of disruption to water supply.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Health
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 44
- Paragraph text
- With respect to sanitation, regulatory frameworks should prescribe a sufficient number of sanitation facilities within, or in the immediate vicinity, of each household (see A/HRC/12/24, para. 70). The assessment of the sanitation requirements of any community must be informed by the context, as well as the characteristics of particular groups which may have different sanitation needs (e.g. women, persons with disabilities, children). Where a piped network is not available, regulation should consider the possibility of alternative solutions, such as the construction and maintenance of sanitation facilities, and the disposal and treatment of waste water. In cases where sanitation facilities are shared, regulation should envisage a sufficient number of facilities available.
- 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
- Children
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 45
- Paragraph text
- Regulatory standards should prioritize access to both water and sanitation facilities in public places in sufficient numbers; in institutional facilities, including hospitals, schools, public transport hubs, prisons, and places of detention, at the workplace and in rented housing, taking into consideration the special needs of, inter alia, women and girls; and in relation to those without a permanent dwelling, including homeless people and nomadic communities. Regulation should separate access to water and sanitation services from land tenure, often an obstacle to accessing these services in informal settlements.
- 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
- Girls
- Women
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 46
- Paragraph text
- A regulatory interpretation of physical accessibility of water and sanitation facilities should provide as minimum standards that these facilities are within safe physical reach or in the immediate vicinity of each household at all times of day and night. In its proposed indicators for monitoring Sustainable Development Goal 6, the WHO/UNICEF Joint Monitoring Programme for Water Supply and Sanitation suggests that a round trip to access an improved drinking water source should not take longer than 30 minutes, including queuing (basic level), and that a basic level of sanitation should provide access to an improved sanitation facility not shared with other households. Furthermore, regulation should specifically address the situation of those with special needs in terms of accessibility, such as children, persons with disabilities, older persons, pregnant women, and people with special health conditions, and advise that the design of sanitation facilities accommodates their specific needs, while being technically safe to use. Places such as schools, preschools, care homes and detention centres require specific regulations to ensure physical accessibility.
- 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
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 47
- Paragraph text
- National standards must ensure that the water used for each personal and domestic use is safe for human health as regards the presence of microorganisms, chemical substances and radiological hazards. The WHO Guidelines for Drinking-Water Quality provide guidance for setting national regulations and standards for water safety in support of public health. The Guidelines describe reasonable minimum safe-practice requirements to protect health and provide numerical “guideline values” for constituents of water or indicators of water quality. When defining mandatory limits, the Guidelines are an authoritative source and must be taken into consideration in the context of local or national environmental, social, economic and cultural conditions.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 48
- Paragraph text
- Even when in place, regulations are not always used to their full potential and best advantage to maximize public health benefits. For example, regulations do not always clearly indicate which stakeholders are accountable and liable for identifying, responding to and mitigating risks to drinking-water quality. Regulations should also contemplate situations where water supply is unsafe, by providing coping measures (e.g. alerts) and precautionary actions. In this context, access to information on water quality is essential and should be safeguarded by regulation, using clear, easy-to-understand language, and be readily accessible to all the population.
- 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
- Health
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 49
- Paragraph text
- The regulation of sanitation facilities should provide that they are designed and built in a way that effectively prevents human, animal and insect contact with human excreta, and should safeguard access to safe water for handwashing, anal and genital cleansing and menstrual hygiene, and ensure mechanisms for the hygienic disposal of menstrual products (see A/HRC/12/24, para. 72). The Special Rapporteur recommends that regulations require that the specific needs of women and girls are incorporated into the design, implementation, monitoring and evaluation of water and sanitation facilities (see A/HRC/33/49, para. 77 (h)). To that end, their participation in the design of the facilities should be sought by service providers.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Water & Sanitation
- Person(s) affected
- Girls
- Women
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 55
- Paragraph text
- To meet human rights standards, regulatory decision-making processes must ensure genuine public participation in key decisions. Every individual and group has the right to participate actively, freely and in a meaningful way in the process of setting service standards that may affect their enjoyment of the rights to water and sanitation. Positive measures will often be required to ensure that all people, including women and populations in vulnerable situations, are given a real opportunity to take part in and influence the making of regulations. The Special Rapporteur cautions that attempts to ensure women’s participation through regulatory processes may not correspond to local customary norms and the implementation may subsequently fail (see A/HRC/33/49, paras. 56 and 59). Therefore, mechanisms must be put in place to involve women in formulating regulations on water and sanitation and to remove barriers to their participation.
- 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
- Women
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 57
- Paragraph text
- Access to information and transparency are essential in order for participation to be meaningful. Regulatory actors must enable a culture of transparency by providing access to information that is objective, comprehensible, clear and consistent and is made available to everybody in different formats and in the appropriate language. The Special Rapporteur has observed that in El Salvador, decisions on water rationing measures are not systematically publicized and there seems to be no standard rule for informing users about such measures (see A/HRC/33/49/Add.1, para. 32). Similarly, the results of quality tests on water for human consumption are neither made public nor sent to users. Regulation of the ways in which information should be shared is therefore essential.
- 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
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 58
- Paragraph text
- A regulatory framework should contain positive measures or affirmative action that ensure the progressive realization of the human rights to water and sanitation for all, in a non-discriminatory manner, while eliminating inequalities in access, including for individuals belonging to groups at risk and groups that are marginalized on the grounds of race, gender, age, disability, ethnicity, culture, religion, national or social origin or any other grounds. Such measures should target specific challenges, including: (a) prioritization of the extension of coverage of water and sanitation services to rural and deprived urban areas, while taking into account the specific needs of women and children; (b) the denial of the rights to water and sanitation to people living in informal settlements, on the grounds of their housing or land status; and (c) the lack of affordability of services for the poorest.
- 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
- Children
- Women
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 1
- Paragraph text
- In 2016, the Special Rapporteur submitted a report on the human rights to water and sanitation and development cooperation to the General Assembly at its seventy-first session (A/71/302). In that first report, the human rights obligations of bilateral and multilateral funders in that regard were clarified and funders’ human rights approaches, the evolution of development cooperation in the sector and trends in funding patterns were examined. The analysis and findings in that report were based on information from policy documents, academic works and submissions received in response to a questionnaire sent to States and other key stakeholders.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 21
- Paragraph text
- The Special Rapporteur observed that the human rights framework might be incorporated in overarching policies that broadly encompass all development cooperation operations or in policies or strategies specifically designed for the water and sanitation sector. Furthermore, policies and strategies were also identified that focused on specific groups, such as women, indigenous populations and persons with disabilities, which occasionally included particular considerations for those people’s needs related to water and sanitation. However, in order to balance the multiple topics of relevance to the present report, funders’ general development cooperation policies and specific policies on water and sanitation are addressed herein.
- 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
- Ethnic minorities
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 24
- Paragraph text
- In 2014, France adopted legislation on international development that reaffirms its commitment to promote human rights and related principles. That legislation designates water and sanitation as a stand-alone sector in the country’s development cooperation agenda. The three priority areas designated in the legislation focus on assistance in creating national sector frameworks, including standards for water quality; sustainable water resource management; and sustainable, high-performance water and sanitation services. Those priorities partially overlap with certain elements of the normative content of the human rights to water and sanitation, but the legislation does not incorporate the full framework of those rights.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 30
- Paragraph text
- Specifically, the Japan International Cooperation Agency has elaborated an assistance strategy on water supply and sanitation (2016). The strategy addresses some elements of the human rights to water and sanitation diffusely among six key issues. Several of those issues demonstrate the Agency’s intention to compensate for multiple imbalances in the water and sanitation sector worldwide. For example, a focus on sustainable rural water supply is adopted in order to tackle long-standing deficits with regard to access in certain geographical areas and on improved sanitation, particularly in sub-Saharan Africa and South Asia. Provisions related to the standards of accessibility and quality of services and the principle of sustainability are integrated in the strategy. However, the strategy does not stipulate detailed provisions related to other crucial elements of the human rights to water and sanitation. Regarding affordability, provisions are limited to improving tariff policy and collection. Guarantees for the availability and accessibility of services for all are not mentioned either.
- 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 66
- Paragraph text
- Improvements to partner States’ water and sanitation services funded through development cooperation, even when provided without an obligation for full repayment, often entail an increased need for revenues from tariffs or taxes to keep those services operational and sustainable in the long term. Some funders request or even impose an obligation on partner States to fully or partially recover the costs to operate and maintain such systems through tariffs. Consequently, depending on how tariffs for water and sanitation services are set upon completion, these projects can have an impact on affordable access to services. When funders impose conditionalities requiring full cost recovery through tariffs and the result is higher service fees for users, the affected users must be able to petition the amount of the tariff and seek recourse. If they are not able to do so, the public authorities are therefore not protecting users from the adverse impact of unaffordable services, and the funder shares responsibility for facilitating the creation of such circumstances.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 37
- Paragraph text
- Neither that Framework nor those operational policies make any specific mention of sanitation services, while references to ensuring water supply are generally subsumed in other project themes, such as the resettlement of populations. In a general requirement regarding the provision of services to communities, one of the Framework’s safeguards pledges that partner States will be held to apply the concept of universal access, which is understood by the World Bank to mean unimpeded access for people of all ages and abilities in different situations and under various circumstances. That policy provision remains ambiguous in the Bank’s safeguard policies as it does not specifically address the provision of water and sanitation services in their different levels. Thus, those policies do not adequately safeguard essential elements of the human rights to water and sanitation, including service availability, safety/quality, affordability and acceptability, not to mention a more thorough, sector-specific description of accessibility.
- 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
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 84
- Paragraph text
- Similar to the broad conclusion reached in the first report (A/71/302, paras. 41-44), the Special Rapporteur finds that the explicit commitment to human rights in the six funders’ policies constitutes a heterogeneous patchwork. While some funders’ policies consider the human rights framework, particularly the human rights to water and sanitation, others are only sporadically aligned with those rights and reveal varying degrees of clarity regarding their application to development cooperation. However, even in cases where the human rights framework was adequately incorporated in funders’ policies, the Special Rapporteur observed significant gaps in the application of this framework during project implementation. The root causes of such gaps are varied, including non-implementation of applicable policies at the project stage, non-integration of the human rights framework in the funder’s policies and tools and the absence of a human rights approach in the project selection and design stages.
- 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
Service regulation and human rights to water and sanitation 2017, para. 10
- Paragraph text
- Violations of the obligation to protect may occur when States fail to effectively regulate and control service providers in relation to safety, quantity or disconnections; fail to regulate pricing to ensure that services are affordable for everyone; fail to prevent discrimination by non-State actors; do not ensure that service providers extend services to marginalized households or communities; or fail to ensure that monitoring and complaints procedures are in place (see A/HRC/27/55, para. 27).
- 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 50
- Paragraph text
- Regular cleaning, emptying of pits or other places that collect human excreta, and maintenance should also be regulated, in order to ensure the sustainability of sanitation facilities and continued access to them. Where on-site sanitation solutions are used, regulation must ensure that pits and septic tanks are required to be constructed in a way that contents can be adequately collected and disposed of at a sludge treatment facility rather than dumped into the environment.
- 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
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 56
- Paragraph text
- Regulations should ensure that decisions on the type and location of services and on improvements to services are participatory and inclusive. Inclusiveness in this process is crucial, so that services are designed to respond to the needs of the population, including of those in vulnerable situations.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 89e
- Paragraph text
- [In line with the above, the Special Rapporteur recommends that States:] Ensure that access to water and sanitation services is not conditioned by land tenure 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)
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 19
- Paragraph text
- Access to information is crucial to the work of regulatory actors, who have an obligation to collect, analyse and disseminate accurate and disaggregated information on the implementation of the rights to water and sanitation by the service providers that they regulate. Access to information is essential for enabling meaningful participation. In this context, it is important to highlight that regulatory actors’ obligation to ensure meaningful public participation in key regulatory decisions, including tariff-setting, is not in any way incompatible with their required independence.
- 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
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 27
- Paragraph text
- Some authors argue that in recent years there has been a gradual shift in the normative goals of regulation from “pure” economic goals to a greater level of inclusion of social objectives. Some contend that the rationale for the regulation of water and sanitation services should involve three dimensions of sustainability: (a) the social sustainability of the services, by protecting users’ interests; (b) the economic, infrastructure and human resource sustainability of the entities providing the services; and (c) the environmental sustainability, in terms of the efficient use of environmental resources. Others have identified “human rights” as an additional regulatory rationale, according to which the regulatory body protects service users’ rights directly “through developing standards reflecting these rights and monitoring their application through inspection”. From a human rights perspective, the regulatory framework’s objectives, activities and norms should be derived from the human rights framework.
- 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
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 30
- Paragraph text
- In some countries, regulatory frameworks include the model of self-regulation, whereby public service providers regulate their own activities, set tariffs and quality standards and monitor their own performance. Many countries with public service providers have not seen the necessity of creating a separate regulatory function for the water sector. In El Salvador, the National Water Mains and Sewers Administration, the main service provider in urban areas, sets its own quality of service standards, while the Ministry of Health monitors the quality of drinking water and the Ministry of Economics approves changes to water rates (see A/HRC/33/49/Add.1, para. 25). In Tajikistan, the Ministry of Energy and Water Resources has the overall responsibility for guaranteeing the national drinking water supply and coordinating relevant actors in the water sector (see A/HRC/33/49/Add.2, para. 10). It is also responsible for the adoption and implementation of State programmes for the development of drinking water supply systems, the establishment and regulation of water tariffs and the provision of public information.
- 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
Service regulation and human rights to water and sanitation 2017, para. 31
- Paragraph text
- Self-regulation raises significant human rights challenges in terms of guaranteeing independent monitoring and providing reliable accountability mechanisms. Regulatory principles such as impartiality, accountability, transparency and good governance can potentially be compromised by self-regulation as there is no separation between policy, regulation and service provision. Benchmarking and user consultation and participation also seem to be less common. Self-regulation can also lead to a lack of uniformity in performance, including in tariff-setting, with different service providers abiding by different 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
Service regulation and human rights to water and sanitation 2017, para. 73
- Paragraph text
- The State of Palestine reports that in its territory informal providers are not only present but are essential to ensure some communities’ access to water. This delivery is the only effective option for many communities, hence it is considered a public service. Currently, different governmental institutions are collaborating in order to ensure regulation and supervision of these informal providers. Efforts are being made to license and certify them. The Government’s long-term strategy is to fully connect local communities to public water distribution networks, but in the short term the strategy is to regulate this service and facilitate the mutual support between the local communities and informal service providers.
- 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
Service regulation and human rights to water and sanitation 2017, para. 64
- Paragraph text
- Monitoring should not only examine compliance of service providers with national and local standards, but should also assess whether the provision of services is carried out in a way that ensures compliance with international human rights obligations such as equality and non-discrimination, participation, access to information and accountability. Regulatory actors are responsible for setting and monitoring indicators of progress towards the realization of the human rights to water and sanitation, which should reflect human rights principles and standards in a direct way. Indicators should cover all the different elements of the rights to water and sanitation and be disaggregated by prohibited grounds of discrimination, while setting specific benchmarks (feasible targets for gradually meeting the indicators) in relation to each indicator.
- 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 37
- Paragraph text
- The functions of these bodies include standard-setting, examining water and sanitation services for compliance with relevant standards, providing a forum for complaints by individuals, and setting or signing off on tariffs. When the exercise of these functions is guided by the human rights framework, this regulatory model can contribute significantly to the progressive realization of the human rights to water and sanitation. However, in the absence of a strong national policy and legal framework on the human rights to water and sanitation, these bodies also face challenges in realizing these rights.
- 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
Service regulation and human rights to water and sanitation 2017, para. 79
- Paragraph text
- Regulatory bodies’ activities should be controlled and monitored by different entities, such as user councils, parliamentary committees or courts of auditors. For example, in early 2014, the Portuguese Court of Auditors released a report on the audit of the regulation and management of water service concessions and public-private partnerships. The Court’s audit examined the activity of the Water and Waste Services Regulatory Authority as the regulator of such concessions, identified the processes of contract revision, identified public spending involved in each concession and examined the effectiveness of concessions in terms of the quality of services (see A/HRC/36/45/Add.1, para. 39). Its main conclusions show that the majority of concessions consistently benefited the private sector to the detriment of municipal budgets and of affordability of services for users (see A/HRC/36/45/Add.1, paras. 39 and 40).
- 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
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 86
- Paragraph text
- Accountability must be ensured not only in relation to service providers but also in relation to regulatory bodies’ decisions and activities. The International Water Association’s Lisbon Charter emphasizes that regulatory frameworks should establish the necessary mechanisms to ensure accountability and public scrutiny of regulatory bodies. Individuals should have the right to judicially challenge a regulatory body’s decision or regulation that interferes with the enjoyment of their human rights to water and sanitation. The Colombian water and sanitation regulatory commission issued a number of regulations obliging service providers to disconnect water services when there is no payment during a three-month period. However, cases brought before the Constitutional Court by low-income families were ruled in the families’ favour, as they were being deprived of a “minimum essential level of water” due to their inability to pay.
- 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
- Families
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 87
- Paragraph text
- Regulatory frameworks are essential for the implementation of the human rights to water and sanitation and must support the State’s obligations with regard to these rights. International human rights law does not call for a particular choice of regulatory framework. What is essential from a human rights perspective is that those carrying out regulatory functions be immune to pressures from any illegitimate interests and that the main objectives of regulation be aligned with the water and sanitation human rights standards and principles. Regulation plays a key role in monitoring service providers’ compliance with the normative content of the human rights to water and sanitation and in ensuring accountability. Identifying and avoiding violations of these rights and retrogressions in their progressive realization is also key for the regulation of water and sanitation services. As public bodies, regulatory actors are bound by States’ international human rights obligations, and their functions should go beyond mere policing and include supporting and influencing policy changes in line with the human rights framework.
- 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
Service regulation and human rights to water and sanitation 2017, para. 40
- Paragraph text
- A growing number of regulatory bodies have been created in recent years. The Palestinian Water Sector Regulatory Council was established by Water Decree by Law No. 14 in 2014, and its mandate includes monitoring the performance of all service providers, approving water prices, issuing licences, setting qualitative standards and handling complaints. Similarly, in Portugal, Law No. 10/2014, establishing the Water and Waste Services Regulatory Authority, confers on the Authority monitoring and enforcement powers and the power to regulate, which apply to all service providers. This is also the case of Brazil, a federal State, which passed a National Water and Sanitation Act in 2007 that establishes guidelines for the creation of regulatory agencies at the municipal, intermunicipal or State level.
- 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
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 41
- Paragraph text
- One of the key roles of regulation is to set performance standards. Setting standards for service provision is one of the main functions of the State. The State has the duty to comply with its obligations under the International Covenant on Economic, Social and Cultural Rights and must ensure that those carrying out regulatory functions contribute to the progressive realization of the human rights to water and sanitation. This means that the exercise of regulatory functions in general, and the making of regulation in particular, must comply with the human rights framework regardless of the public or State body that is carrying them out.
- 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
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 55
- Paragraph text
- On the basis of the apparent trends revealing a preference for large systems to the detriment of basic systems (see A/71/302), it is doubtful that current development cooperation practice is adequately targeting the world’s greatest needs for water and sanitation or is contributing to reduce existing disparities in the water and sanitation sector. Recognizing that large systems often require more expensive solutions than basic systems and may also benefit people living in vulnerable situations, the figures suggest a stronger concentration of funding for citywide projects. In 2015, approximately 20 per cent of all water sector funds were disbursed to basic systems, compared with 40 per cent for large systems, which was by far the largest proportion of water sector funding. Data from the 2017 UN-Water Global Analysis and Assessment of Sanitation and Drinking-Water report show a continued prevalence of funder investments in large drinking water systems in urban areas of middle-income countries.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 58
- Paragraph text
- One project, aimed at benefiting populations in small towns, supported rehabilitating and expanding piped drinking water systems but built only a handful of public sanitary facilities while training local artisans to produce slabs required for latrines and stimulating a micro savings scheme for residents to purchase those building materials. In that project, support to sanitation was framed through the community-led total sanitation methodology aiming to mobilize communities to completely eliminate open defecation without any external financial input. Thus, it is based on spurring demand creation and behavioural change from users. However, without adequate, continuous guidance and financial assistance, some users may sacrifice essential resources in adopting service levels that are actually unsafe and do not represent a real gain from a human rights perspective.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 41
- Paragraph text
- Furthermore, the Framework outlines four major goals and lines of action to be pursued by IADB over a three-year period (2014-2017). Notably, one of those major goals consists in reinforced governance in the sector and an emphasis on State action in the sector under the framework for the human rights to water and sanitation. Specific lines of action include encouraging IADB member States to develop and implement policies to achieve universal coverage and incorporate the concept of the human rights to water and sanitation in their legislation, regulatory processes and political strategies; creating and/or strengthening regulatory agencies, with particular attention to small cities and rural areas; and supporting reliable information systems.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 69
- Paragraph text
- In the context of development cooperation, the right to participation is relevant at two stages. First, the participation of a diversity of stakeholders is relevant during the processes of planning, implementation, monitoring, and evaluation and assessment (A/71/302, para. 17). Such participatory processes should involve input from national stakeholders and people whose rights are affected that can meaningfully affect the decision-making process in all aspects of development cooperation activities. Second, establishing participatory processes between the funder and the beneficiaries at the level of project implementation is key. If the knowledge and expectations of beneficiaries are not incorporated into those processes, cooperation will never improve their access to water, sanitation and hygiene in a manner consistent with their cultural values and human rights principles (ibid.).
- 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
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 70
- Paragraph text
- The participation of women on an equal footing with men and the inclusion of disadvantaged groups is an important aspect. One project aiming to provide rural dwellers with water, sanitation and hygiene services prioritized the participation of women in committees, establishing a minimum of 50 per cent women members in those forums. It is important to highlight that active and meaningful participation cannot be reduced to such quantitative requirements, but also has to do with women’s power to influence decisions, to voice their needs, to make individual choices and to control their own lives. Counting the number of heads at meetings may be accompanied by an assessment of the actual influence of women’s participation in decision-making processes (see A/HRC/33/49).
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Water & Sanitation
- Person(s) affected
- Men
- Women
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 67
- Paragraph text
- In the projects assessed herein, most funders did not demonstrably ensure that a sustainable financing strategy would be established for long-term service provision. In only one project were community committees created that were tasked with setting tariffs for piped water services that were being extended to their neighbourhoods. Another project entailed immediate affordability concerns as it required households to pay for connection costs to a piped water network; the national regulation established a maximum discount of 60 per cent of that cost for users in situations of poverty. Overall, in the projects reviewed, little evidence exists indicating that funders support governments and service providers in developing specific schemes to ensure reconciliation between economic sustainability and access to services for users with insufficient economic means.
- 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
- Poverty
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 34
- Paragraph text
- Since 2002, the European Union’s agenda for water and sanitation in development cooperation has been subsumed into broader strategies. In 2017, the Council of the European Union adopted the New European Consensus on Development, a policy addressing all of its development activities. That policy commits the European Union and its member States to a rights-based approach in development cooperation “encompassing all human rights”, and further envisages integrating the principles of inclusion and participation, non-discrimination, equality and equity, transparency and accountability. “Universal access to safe drinking water, sanitation and hygiene” is recognized in paragraph 26 of the policy as “a prerequisite for health and well-being, growth and productivity”. However, the policy reveals that the European Union treats this sector of services not with a stand-alone approach, but rather in association with other priority areas, such as climate change and nutrition.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 36
- Paragraph text
- The World Bank Environmental and Social Framework (2016), complemented by 11 key operational policies and associated safeguard procedures, is the most relevant executive policy umbrella for the Bank’s development cooperation activities in the water and sanitation sector. The Framework’s vision statement alludes to the Bank’s intention to help member States progressively realize their human rights commitments. Yet it maintains the Bank’s long-standing tradition of excluding any explicit commitment to comply with the human rights framework from its policy framework.
- 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
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 65
- Paragraph text
- The principle of progressive realization should guide the monitoring process and any retrogression observed in service provision should be prohibited and sanctioned by the regulatory framework.
- 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 68
- Paragraph text
- Similarly, formal sanitation service providers, whether urban or rural, typically do not report data to regulatory authorities. While a regulatory framework and standards for sewerage networks are generally available, they are not always effectively put in place and monitored. Sewerage systems often raise affordability concerns for the State, the service provider and the user and require careful monitoring. Connection charges may prevent poorer households from making use of this service, unless appropriate regulation is in place to ensure affordability.
- 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
- All
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 5
- Paragraph text
- The present report is based on an empirical analysis of six funders: France and Japan (State funders), the European Union (a regional integration organization), the World Bank and the Inter-American Development Bank (IADB) (international financial institutions) and the United Nations Children’s Fund (UNICEF) (a United Nations agency). The selection took into consideration the types and regional balance of funders and their activities, and the role of funders as important contributors to worldwide funding for water and sanitation through development cooperation.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 10
- Paragraph text
- Development cooperation may have a positive or negative impact on the realization of the human rights to water and sanitation. If conceived and implemented properly, it can assist partner States in transforming their water and sanitation sector and contribute towards the progressive realization of those rights. However, when development cooperation projects are carried out with little commitment or clarity as to how those rights are integrated, projects may have negative impacts on individuals’ 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 91f
- Paragraph text
- [In the project selection, design and implementation stages, the Special Rapporteur reiterates the importance of measures and safeguards with the specific aim of ensuring human rights compliance (ibid., para. 74 (b)) and recommends that funders:] Provide, in projects supporting institutional development and policies, lasting improvements to the capacity of local authorities and different stakeholders to actually adopt water and sanitation services in a way consistent with the human rights framework.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 86
- Paragraph text
- While most funders’ project assessments are mostly focused on attainment of project objectives and sustainability of services, a specific human rights-based assessment during and upon completion of projects was not observed. Carrying out monitoring with a human rights perspective on a long-term basis would improve funders’ ability to assess the elements of sustainability in their projects and to protect, respect and fulfil human rights.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 85
- Paragraph text
- When administrative or national quasi-judicial mechanisms do not exist or are not able to successfully resolve a dispute, the right to an effective remedy requires that people whose rights to water and sanitation have been affected be able to turn to a court. A right of judicial review as a last resort is sometimes indispensable. In this context, it is critical that judicial systems uphold the justiciability of the human rights to water and sanitation in line with international human rights law.
- 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 49
- Paragraph text
- Other examples include technical reports, briefing papers and other documents produced by funders to assess past experiences, take stock of current activity or provide recommendations for future practice. When such reports are formulated with a clear view to progressively realizing the human rights to water and sanitation, their often non-binding character can possibly be offset. For instance, in 2013, the European Commission commissioned the preparation of a briefing paper to examine the organization’s development cooperation from the perspective of those rights. The paper evidences that, despite the organization possessing a methodology to apply a human rights-based approach in its cooperation activities, policies and practices lack bolder and clearer orientations to realize the human rights to water and sanitation. Accordingly, it recommended assessments of the organization’s water and sanitation projects from the perspective of human rights with the aim of catalysing discussion and developing appropriate policies, guidelines and practices. It is a desirable minimum standard for funders to develop studies with a specific human rights focus and to advocate for their officials to give meaningful consideration to their findings. Furthermore, issues and recommendations brought to light by those studies may be used by diverse stakeholders, empowering them to urge funders to commit themselves to the progressive realization of the human rights through their development agendas.
- 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 60
- Paragraph text
- The scope of a project is a key determinant of its capacity to effectively realize human rights. Many infrastructure-oriented projects in the water and sanitation sector often face a dilemma of benefiting fewer people with a higher level of services or extending a lower level of services to a larger group of users. The latter option was prevalent among the projects assessed in rural areas. However, political interests within the partner State, funders’ own biases (for example, to report high coverage figures) and funders’ commercial interests (“to push money out the door”) can influence the selection of some projects over others. These influencing factors can lead to the selection of projects with a broader scope to the detriment of projects focusing on a smaller number of beneficiaries living in vulnerable conditions. The key question under the human rights framework is: who will benefit and who will be left behind? Applying that framework would encourage the project managers to start with those in the most vulnerable situations. The challenge with this decision is to ensure affordable access to services, sustainability of the system and medium- and long-term planning for the future inclusion of all persons in service provision. If funders and partner States opt for a project with broader coverage and a lower level of services, the same concerns should be raised while also establishing a vision for future upgrades and improvements to the level of access.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 26
- Paragraph text
- It is widely accepted that the scope for competition in the water and sanitation sector is limited, due to the prominence of significant upfront, sunk costs. This situation commonly results in the existence of a single service provider — public or private — in a given area, defined as natural monopoly, reinforcing the need for adequate regulatory measures to ensure that the rights of users are not compromised. In fact, historically, the rationale for introducing regulation in the water and sanitation sector has been related to instances of “market failure”, in particular, prevention of monopoly abuse. In such monopoly situations, regulatory bodies may be more exposed to the risk of capture by providers, due to information and power asymmetries among other factors, and by political interests, since these bodies are part of governments.
- 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
Service regulation and human rights to water and sanitation 2017, para. 5
- Paragraph text
- The number of States with a regulatory framework for water and sanitation services is increasing and so is the contingent of regulatory actors. However, there is no universal regulatory model. Regulation should be adapted to local circumstances, needs and challenges. International human rights law does not prescribe a particular choice of regulatory framework. What is essential from a human rights perspective is that those carrying out regulatory functions be immune to pressures from any illegitimate interests and that the main objectives of regulation be aligned with the human rights to drinking 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 6
- Paragraph text
- For each case, the Special Rapporteur assessed funders’ support through grants and concessional loans as framed through their policies, programmes and strategies. The information was complemented by interviews with key officials at funders’ headquarters. Additionally, five current projects (three in the African region and two in the Latin American and Caribbean region) receiving support from the six funders were selected to assess the funders’ operations. The selection considered the inclusion of both urban and rural areas, water and sanitation services and grant and loan funding modalities. Assessments included a review of project documents, field visits by the Special Rapporteur and interviews with implementers, beneficiaries and the funder’s operational team.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 9
- Paragraph text
- In the present report, the relationship between the human rights to water and sanitation and development cooperation and the obligations of funders in that context is explored (sect. II). Thereafter, through the “human rights development cycle”, the following issues are examined: how funders incorporate the framework of the human rights to water and sanitation in their policies and strategies (sect. III); the contribution of operational tools to implement those rights (sect. IV); and how those rights are implemented at the project selection, design and implementation stage (sect. V) and at the assessment and monitoring stage (sect. VI). The report concludes with main findings and recommendations (sect. VII).
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 52
- Paragraph text
- Applying a human rights-based approach in the initial design stage of a project in the form of human rights pre-assessment is essential to ensuring that it will embed the human rights framework from its objectives and methods through to its implementation. The specific measures to effectively implement that approach depend on the nature of the project. Possible measures include establishing human rights standards as a requirement in project conceptualization and other due diligence measures that enable funders to identify and avoid the negative impact of their activities on human rights.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 13
- Paragraph text
- Integrating human rights throughout the development cycle (see figure) helps to ensure that the needs of those living in the most vulnerable situations are prioritized, that services are provided in a safe and affordable way and that providers guarantee participation, access to information and accountability. This approach is the best way to achieve targets 6.1 and 6.2 of the Sustainable Development Goals. Otherwise, those targets will most likely not be achieved through the traditionally technocratic way that the water and sanitation sector is usually managed. Such traditions also extend to development cooperation practice and often reflect how projects in this sector are selected, designed and managed.
- 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
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 15
- Paragraph text
- When States are funders in development cooperation, they have legal obligations to ensure that their conduct is consistent with human rights standards and principles, pursuant to the international human rights treaties that they have ratified. In particular, the International Covenant on Economic, Social and Cultural Rights (arts. 2 and 11) requires that States parties recognize the essential role of international cooperation and assistance and take joint and separate action to achieve the full realization of the rights to water and sanitation. Those articles and the Charter of the United Nations (Article 56) set out the expectation that States must take action to help fulfil economic, social and cultural rights beyond their territories.
- 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 16
- Paragraph text
- State funders have obligations to respect human rights in other countries, to refrain from actions that interfere with the enjoyment of the rights to water and sanitation (Committee on Economic, Social and Cultural Rights, general comment No. 15 (2002) on the right to water, para. 31) and to facilitate the realization of those rights through the provision of water supply and sanitation services, financial and technical assistance and necessary aid (A/71/302, para. 11). Accordingly, as part of the Governments of those States, development cooperation agencies (for example, the Japan International Cooperation Agency and the French Development Agency) have the obligation to comply with 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)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 17
- Paragraph text
- When part of a collective group, for instance, as members of international or regional organizations, States have the obligation to realize the human rights to water and sanitation through policy, decision-making processes and the activities of those organizations. The Committee on Economic, Social and Cultural Rights has stated that international organizations and international financial institutions (for example, the World Bank and IADB) have certain obligations under international human rights law based on customary law and general principles of international law (see E/C.12/2016/1) and that they should take into account the right to water in their lending policies, credit agreements and other international measures (general comment No. 15 (2002), para. 36). International organizations are also bound by the human rights-related provisions in their constitutions (A/71/302, para. 13).
- 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 64
- Paragraph text
- Decisions related to the coverage of projects can have an impact on the beneficiaries, particularly the population in the most vulnerable situations. Applying a human rights approach to development cooperation in the water and sanitation sector would involve a greater emphasis on providing services for those populations who predominantly live in small, dispersed rural communities or in peri-urban areas. In the latter case, the informal nature of settlements may impede such dwellers from being connected to citywide systems. The principle of equality and non-discrimination sometimes requires the adoption of targeted measures and affirmative action in order to achieve substantive equality (Human Rights Committee, general comment No. 18 (1989) on non-discrimination, para. 10). Thus, funders and partner States should work together and identify individuals and groups to target, particularly those who are in vulnerable situations, and not be limited to identifying those who are financially disadvantaged, often called “the poor”.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 65
- Paragraph text
- One project aiming to provide piped water to a small town excluded some of the poorest inhabitants who were living in more distant locations from that town. A common rationale that is cited to justify such exclusion is the standard of maximum per capita cost of investment in water and sanitation. Such standards can result in the exclusion of more dispersed populations or populations who live in areas where solutions entail greater costs. That project failed to adhere to the principle of equality and non-discrimination by intentionally excluding certain inhabitants from its scope. Conversely, the project specifically took into consideration persons with disabilities in the project’s intervention area and ensured their inclusion through a baseline study aimed at identifying such individuals. Moreover, local entrepreneurs were trained to design appropriate toilets according to the needs of persons with disabilities.
- 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
- Persons with disabilities
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 47
- Paragraph text
- One example is the IADB manual on the human rights to water and sanitation. The manual aims to generate good practices by providing guidance on how those rights can be incorporated in the activities of actors in the water and sanitation sector. It attempts to offer both general and more targeted, practical guidance to establish an enabling environment for the realization of the human rights to water and sanitation. As part of the manual’s implementation, IADB has undertaken plans to perform four pilot studies in different locations in the region to facilitate information exchange and to hone in on particular challenges for specific 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
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 81
- Paragraph text
- Monitoring the realization of human rights through the implementation of water and sanitation projects requires improving funders’ existing monitoring procedures by adjusting their scope, methods for data collection and indicators. Some funders have included several indicators in their monitoring systems that encompass components of the human rights to water and sanitation (for example, disaggregated information on beneficiaries’ gender or socioeconomic conditions). However, none of the funders assessed systematically model their monitoring frameworks on the standards related to 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)
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 42
- Paragraph text
- UNICEF has in place several policies and relevant strategic plans for water and sanitation that are based on the human rights framework. UNICEF has adapted those policies and strategies to meet the Sustainable Development Goals. That has important implications for its approach to development cooperation in the water and sanitation sector, as it determines the service levels that UNICEF will uphold and aim to implement.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 54
- Paragraph text
- In project design, several criteria have a critical impact on how the rights of beneficiaries may be realized, such as the level of the services to be implemented (for example, piped network, shared facilities or individual on-site solutions) and how these services are planned to gradually improve over time.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 53
- Paragraph text
- The way projects are implemented may also have an impact on human rights, depending on, inter alia, how beneficiaries are involved, the role of people in vulnerable situations and sustainability considerations.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 90c
- Paragraph text
- [Relating to funders’ operational tools, the Special Rapporteur recommends that funders:] Monitor whether those tools are implemented in project design and implementation.
- 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
Service regulation and human rights to water and sanitation 2017, para. 74
- Paragraph text
- In Kenya, on the other hand, the regulatory framework does not apply to water providers who supply fewer than 20 households or less than 25 cubic metres of water per day for domestic use. These providers are currently outside the regulated tariff structure and the system of regular quality inspections. The Government’s position is that in the long term, informal service providers should be linked to the formal system, and should comply with official tariffs and quality standards. In the short term, the Government tolerates informal provision but does not regulate it.
- 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
Service regulation and human rights to water and sanitation 2017, para. 9
- Paragraph text
- Failures to protect the rights to water and sanitation in the context of service provision usually stem from a lack of regulation or lack of enforcement of such regulation. They may also be the result of negotiating service contracts or performance agreements that fail to protect users’ rights. When the provision of services is regulated by contract, States must ensure that the relevant human rights standards and principles are addressed in the contract, but also that State obligations are transferred, as appropriate, to the service providers.
- 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 91e
- Paragraph text
- [In the project selection, design and implementation stages, the Special Rapporteur reiterates the importance of measures and safeguards with the specific aim of ensuring human rights compliance (ibid., para. 74 (b)) and recommends that funders:] Ensure that projects provide a sustainable financing strategy for long-term service provision, including affordable access to services and inclusion of all persons in service provision;
- 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
Service regulation and human rights to water and sanitation 2017, para. 61
- Paragraph text
- In order to be effective, regulatory frameworks should allow for independent monitoring of service providers’ compliance with the human rights to water and sanitation and should safeguard the right of individuals to submit complaints when the enjoyment of their rights to water and sanitation has been compromised. Regulatory frameworks should impose appropriate and proportionate sanctions on service providers in cases of non-compliance with the normative content 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)
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 89b
- Paragraph text
- [In line with the above, the Special Rapporteur recommends that States:] Clearly define necessary procedures and measures in the regulatory framework to meet the State’s obligations to respect, protect and fulfil 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)
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 51
- Paragraph text
- Regulation must provide a multifaceted and contextual interpretation of affordability, in line with the human rights framework. National standards must ensure that water and sanitation services, whether privately or publicly provided, are affordable for all, including the poorest, and that water and sanitation tariffs do not compromise or threaten the realization of other rights.
- 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
- All
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 12
- Paragraph text
- The obligation to promote requires States to provide information and guidance for service providers and the population on how to comply with the standards, norms and regulations set. This obligation also entails informing and training regulatory actors on the practical implications of the human rights to water and sanitation in their area of work.
- 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 13
- Paragraph text
- The obligation to provide obliges States to fulfil the rights to water and sanitation when individuals are unable, for reasons beyond their control, to realize these rights themselves by the means at their disposal. In this respect, it is crucial that the State sets specific regulations for the provision of services, inter alia, to homeless people, to poor nomadic communities, and to victims of situations of armed conflict, emergencies, natural disasters or climate change effects.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Humanitarian
- Poverty
- Water & Sanitation
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 89d
- Paragraph text
- [Relating to funders’ policy, the Special Rapporteur recommends:] That funder States adopt national legislation recognizing the human rights to water and sanitation so as to ensure additional guarantees that those rights are applied in development cooperation policies and activities.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 90a
- Paragraph text
- [Relating to funders’ operational tools, the Special Rapporteur recommends that funders:] Translate the human rights commitment in their policies into operational tools and training tailored to the realization of the human rights to water and sanitation in particular contexts;
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 78
- Paragraph text
- Subsequent to a project’s completion, it is essential to systematically produce ex post human rights assessments of projects. Such assessments are critical to identifying the sustainability of services and understanding a project’s medium- and long-term impacts on human rights and the causes of those impacts. Critically, assessments should be made available to the public in order for the relevant authorities to be held accountable.
- 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
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 82
- Paragraph text
- Some funders (IADB, UNICEF and the World Bank) use output frameworks as a primary tool to evaluate their performance and the achievement of particular projects’ goals. Others (France, IADB, Japan and UNICEF) incorporate wide-scale quantitative targets into their worldwide and/or country strategies (for example, the number of people to be reached with new or improved access to drinking 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
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 89a
- Paragraph text
- [Relating to funders’ policy, the Special Rapporteur recommends:] That policies that specifically incorporate the standards and principles of the human rights to water and sanitation in their entirety be established so that those rights are reflected when setting priorities and strategies for development cooperation activities;
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 89b
- Paragraph text
- [Relating to funders’ policy, the Special Rapporteur recommends:] That a focused strategy on water and sanitation be established in accordance with the human rights framework, with emphasis on its prioritization so that it is not subsumed into broader strategies or other thematic policies;
- 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
Service regulation and human rights to water and sanitation 2017, para. 22
- Paragraph text
- The instruments delegating service provision, including contracts, must reflect the national regulatory framework and human rights standards. This means that these instruments should include a clear definition of the human rights responsibilities of service providers, coverage targets to eliminate inequalities in access, sufficient provision for participation, access to information and mechanisms for accountability. While ensuring this, non-State service providers are also expected to respect human rights. To that end, they must exercise due diligence to become aware of and address any potential impact on the realization of the human rights to water and sanitation, including by analysing the proposed delegating instruments from a human rights perspective (see A/HRC/15/31, para. 38), and where appropriate by undertaking human rights impact assessments. The General Assembly has recently called upon non-State actors, including business enterprises, to comply with their responsibility to respect the human rights to water and sanitation, including by cooperating with State investigations into allegations of abuses of these rights, and by progressively engaging with States to detect and remedy such abuses (see General Assembly resolution 70/169, para. 6).
- 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 90g
- Paragraph text
- [In addition, the Special Rapporteur recommends that regulatory actors:] Support and influence policy formulation and legislative changes in line with 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 89d
- Paragraph text
- [In line with the above, the Special Rapporteur recommends that States:] Ensure that regulatory frameworks provide a multifaceted and differentiated interpretation of affordability, capturing the specific needs of those living in vulnerable situations;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 89f
- Paragraph text
- [In line with the above, the Special Rapporteur recommends that States:] Ensure through adequate regulation that, when extending formal services to informal settlements, these services are affordable and do not interfere with people’s access;
- 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
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 89i
- Paragraph text
- [In line with the above, the Special Rapporteur recommends that States:] Include, in regulatory frameworks, specific requirements ensuring adequate provision of services to, inter alia, homeless people, poor nomadic communities, and victims of situations of armed conflict, emergencies, natural disasters or climate change effects;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 89c
- Paragraph text
- [Relating to funders’ policy, the Special Rapporteur recommends:] That the human rights to water and sanitation be emphasized in funders’ policy on specific groups, such as women, persons with disabilities and indigenous peoples, complementing overarching development cooperation policies;
- 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
- Ethnic minorities
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 62
- Paragraph text
- Achieving behavioural change in beneficiaries and institutions and creating awareness on safe drinking water, sanitation and hygiene services are fundamental to ensuring transformative development and sustainable water and sanitation projects. Yet efforts to achieve those objectives are seriously limited by time-based constraints that are common in development cooperation projects. The usual time frame for the full cycle of project implementation is from three to five years at most. A combination of several factors make such time frames too short to guarantee effective capacity-strengthening and lasting behavioural change. Ensuring the continuity of measures initially funded through development cooperation, especially those related to project management, may be a determinant in guaranteeing projects’ medium- to long-term sustainability. Several projects assessed revealed that funding was allocated to deploy local activists or community workers tasked with raising awareness on hygiene and encouraging local participation in user associations. However, those projects did not contain conditions or mechanisms that would ensure continuous support for those functions after the project terminated.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 93b
- Paragraph text
- [Finally, the Special Rapporteur recommends:] That the Human Rights Council consider in the universal periodic review the issue of development cooperation in the context of water and sanitation services.
- 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
Service regulation and human rights to water and sanitation 2017, para. 84
- Paragraph text
- In countries where no separate regulatory mechanism exists, but where national human rights institutions or ombudspersons’ offices are present, individuals may resort to these independent bodies for redress when their human rights to water and sanitation have been compromised by a service provider. Accountability can be provided by these quasi-judicial bodies, whose mandate often includes handling human rights complaints.
- 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
Service regulation and human rights to water and sanitation 2017, para. 89c
- Paragraph text
- [In line with the above, the Special Rapporteur recommends that States:] Ensure that the mission, mandate and objectives of regulatory actors incorporate the principle of progressive realization of the human rights to water and sanitation without discrimination of any kind;
- 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 52
- Paragraph text
- While affordability provisions in water and sanitation laws are quite common, the challenge is to translate general provisions into concrete affordability standards (see A/HRC/30/39, para. 26). The Global Analysis and Assessment of Sanitation and Drinking Water 2016-2017 country survey indicates that 68 per cent of respondent countries have a regulatory authority that is responsible for setting urban tariffs for either drinking water or sanitation or both. To ensure the affordability of services, regulatory frameworks must capture the specific needs of the several groups that live in vulnerable situations and offer differentiated solutions for the two main expenses incurred by users: the one-off connection fees that contribute to capital construction costs, and the cost of the recurrent charges (tariffs for operation, maintenance, capital assets renewal, and any financing costs of capital for new fixed assets). To this end, regulatory actors must promote the use of appropriate measures, including free or low-cost service provision for households with very low or no income, income supplements, social tariffs and targeted subsidies. It is essential that financial sustainability does not become the priority of tariff-setting, to the detriment of affordability, but that both elements are reconciled. Similarly, it is essential that investment in the extension of distribution networks to low-income unserved areas is not delayed in an attempt to minimize the affordability challenge.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 76
- Paragraph text
- The regulation of water and sanitation services (or the lack thereof) in rural areas is similarly challenging. Rural water supplies are often managed by local community organizations or members, untrained and unpaid, and it is argued by some that they would benefit from provision of training, resources, and assistance, rather than regulatory enforcement. However, these two measures are not incompatible and it is a question for governments to balance support for communities with regulation.
- 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
Service regulation and human rights to water and sanitation 2017, para. 6
- Paragraph text
- The State is the primary duty bearer for the realization of the human rights to water and sanitation. While the International Covenant on Economic, Social and Cultural Rights, in article 2, provides for progressive realization and acknowledges the constraints due to limits of available resources, it also imposes on States various obligations of immediate effect. In the context of service regulation, the obligations under article 2 include: (a) the obligation to take deliberate, concrete and targeted steps to put in place a regulatory framework for water and sanitation service provision that is aligned with human rights; and (b) the obligation to ensure that the rules and regulations set and the activities of those exercising regulatory functions contribute to the enjoyment of the human rights to water and sanitation without discrimination of any kind. For example, the exercise of the human rights to water and sanitation should not be conditional on, or determined by, a person’s place of residence (e.g. whether a person lives or is registered in an urban or a rural area, or in a formal or an informal settlement). The State’s failure to take the necessary regulatory measures in order to adequately prevent and remedy discriminatory conduct either by service providers or by regulatory actors constitutes a violation of the State’s obligations under 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)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 32
- Paragraph text
- Finally, through the Yokohama Action Plan, a regional strategy for the period 2013-2017 focusing on the African region, Japan committed to specific targets for its development cooperation in the water and sanitation sector, for example, to improve access to safe water and sanitary conditions for 10 million people per year.
- 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 35
- Paragraph text
- The European Union’s indirect focus on water and sanitation services in its most recent policy is an expression of the European Commission’s inclination to diminish the role of water, sanitation and hygiene as a stand-alone sector of the organization’s development cooperation agenda. Relevant officials confirmed this reprioritization to the Special Rapporteur. The low profile of the sector in the European Union cooperation policy raises concerns as to the organization’s capacity to align its operations with the human rights to water and sanitation, particularly since the other sectors that encompass water and sanitation do not incorporate that specific human rights framework. In 2015, the European Parliament recommended that the Commission give high priority to the water, sanitation and hygiene sector in partner States, recognizing the human rights dimensions of access to those services in development cooperation activities. The Special Rapporteur observed that the Commission has still not given meaningful consideration to those recommendations. Commentators consider that the lack of “normative coherence” in the European Union’s policy on water and sanitation has diminished its ability to conduct transformative development, an ambition associated, inter alia, with the aims of Sustainable Development Goal 6.
- 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 46
- Paragraph text
- Among the six funders analysed, instruments and methods were identified in various forms, most often comprising a combination of tools and guidelines undertaken or applied at different levels, such as at headquarters, in country offices and with local project implementers.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 3
- Paragraph text
- In the present report, the term “funder” is used instead of “donor” or other terminology to highlight that entities often operate through loans and not only through donations. The term “partner State” is used instead of “recipient country”; this is intended to support a more horizontal relationship between the funder and the State receiving support.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 93a
- Paragraph text
- [Finally, the Special Rapporteur recommends:] That the Committee on Economic, Social and Cultural Rights request funder and partner States to report on the issue of development cooperation and the human rights to water and sanitation and to provide a venue for civil society to submit “alternative reports”;
- 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 54
- Paragraph text
- The regulatory framework must provide a contextual meaning of the social and cultural acceptability of water and sanitation facilities. This cannot be done in a meaningful way without the genuine participation of those who use the services. While water should be of an acceptable colour, odour and taste for each personal or domestic use, these are highly subjective parameters, and perceptions of these characteristics depend on local culture, education and experience. Personal sanitation is a highly sensitive issue across regions and cultures, and differing perspectives about which sanitation solutions are acceptable must be taken into account when designing, positioning, and setting conditions for the use of sanitation facilities (see A/70/203, para. 13). Regulations should stipulate that facilities need to allow for acceptable hygiene practices in specific cultures, such as anal and genital cleansing, and menstrual hygiene (see A/HRC/12/24, para. 80). Acceptability often requires separate facilities for women and men in public spaces, and for girls and boys in schools, which should be reflected in regulatory frameworks. Regulation should play an essential role in ensuring that toilets are constructed in a way that safeguards privacy and dignity.
- 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
- Boys
- Girls
- Women
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 90c
- Paragraph text
- [In addition, the Special Rapporteur recommends that regulatory actors:] Set and monitor indicators that cover all the elements of the rights and disaggregate them by prohibited grounds of discrimination;
- 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
Service regulation and human rights to water and sanitation 2017, para. 90d
- Paragraph text
- [In addition, the Special Rapporteur recommends that regulatory actors:] Ensure non-discriminatory service coverage by service providers, including to poorer neighbourhoods, informal settlements and rural areas;
- 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
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 90a
- Paragraph text
- [In addition, the Special Rapporteur recommends that regulatory actors:] Comply with the State’s international human rights obligations with regard to the rights to water and sanitation and take targeted steps towards the full realization of these rights;
- 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
Service regulation and human rights to water and sanitation 2017, para. 88
- Paragraph text
- The Special Rapporteur considers that a more nuanced approach is needed regarding the concept of independence of regulatory bodies. In particular, the involvement of governmental sectors in specific situations of regulatory decision-making should be safeguarded when it is relevant to ensure that human rights standards are met.
- 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
Service regulation and human rights to water and sanitation 2017, para. 90i
- Paragraph text
- [In addition, the Special Rapporteur recommends that regulatory actors:] Safeguard the right of individuals to submit complaints when the enjoyment of their rights to water and sanitation has been compromised by service providers.
- 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 89j
- Paragraph text
- [In line with the above, the Special Rapporteur recommends that States:] Include, in regulatory frameworks, specific requirements ensuring adequate provision of services to, inter alia, schools, health facilities, prisons, transport hubs and public spaces in general;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 89l
- Paragraph text
- [In line with the above, the Special Rapporteur recommends that States:] Inform and train regulatory actors on the practical implications of the realization of the human rights to water and sanitation in their area of work.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 48
- Paragraph text
- Through the first European Union action plan on human rights and democracy (2012-2014), the European Union coordinated the creation of a toolbox to contribute towards a rights-based approach to development cooperation. Published in 2014, the toolbox, entitled “A rights-based approach, encompassing all human rights for European Union development cooperation”, aims to outline how the organization will integrate human rights principles into the conceptualization and implementation of its development activities. The toolbox provides details on action to be taken at headquarters and in the field for synchronization between those units. However, probably due to the toolbox’s generic approach, human rights analyses have been judged to be less evident in water and sanitation programmes. Officials reported to the Special Rapporteur that field office teams still lack comprehensive awareness on how to align field operations with the human rights to water and sanitation, as political and civil rights are generally given more prominence. Such insufficiencies were previously identified in an evaluation of European Union development cooperation activities. However, it was reported that ongoing training on the rights-based approach at headquarters and country offices has aimed to address, inter alia, 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)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 56
- Paragraph text
- Large infrastructure projects are not necessarily contrary to the rights to water and sanitation, but the crucial question is whether such projects improve access for those who already enjoy some degree of access, or whether they take the challenging step of extending access to those who continue to be excluded from even basic access, especially in peri-urban areas and informal settlements (see A/HRC/18/33/Add.3).
- 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
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 57
- Paragraph text
- Furthermore, often forgotten in development projects are the safe management of on-site sanitation and faecal sludge, hygiene promotion and menstrual hygiene management. In the projects assessed, it was observed that hygiene management is often absent, particularly menstrual hygiene management, under the pretext that it is “culturally” difficult to address.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 59
- Paragraph text
- In some projects assessed, especially those targeting rural areas, the level of the technological solution is not intrinsically problematic. However, the lack of a plan to manage or, when necessary, upgrade those solutions in the future risks jeopardizing their long-term ability to comply with human rights requirements. It is essential for funders and partner States to have a vision of how those projects will be managed in the long term in order to provide sustainable services that deter retrogressions in the realization of human rights. This must be done with consideration of specific contexts and should involve adequate planning measures. When more than one intervention is required to provide an acceptable level of service to a community, it is essential for the intermediate levels of service to be as safe as possible and to facilitate scaling up with the least amount of financial losses and in the most sustainable fashion possible. Indeed, decisions related to project planning must take great care to avoid investments that fully replace previous services in the same location instead of upgrading those solutions. Otherwise, such investments risk representing an irresponsible use of public funds and a possible compromise of other human rights (A/70/203, para. 88).
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 73
- Paragraph text
- From the perspective of rights holders, when beneficiaries of development cooperation projects have transparent access to information, they are more able to meaningfully participate in decision-making and are empowered to claim their rights and hold duty-bearers accountable (A/71/302, para. 18).
- 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
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 90b
- Paragraph text
- [Relating to funders’ operational tools, the Special Rapporteur recommends that funders:] Make the use of such operational tools a requirement in all funding operations to guarantee the complete application of the human rights framework at the project implementation stage;
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 91c
- Paragraph text
- [In the project selection, design and implementation stages, the Special Rapporteur reiterates the importance of measures and safeguards with the specific aim of ensuring human rights compliance (ibid., para. 74 (b)) and recommends that funders:] Identify and avoid any negative impact on human rights prior to and during project implementation;
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 92b
- Paragraph text
- [In the assessment and monitoring stage, the Special Rapporteur recommends that funders:] Improve existing project assessment protocols by adjusting their scope, methods for data collection and indicators, including human rights principles;
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 77
- Paragraph text
- Process assessment should encompass the variety of measures performed throughout project implementation with a basis in upholding human rights standards. Examples include ensuring the active and meaningful participation of all stakeholders and providing access to transparent information. Process assessment is especially crucial to situating development cooperation projects in a broader context. In this sense, UNICEF urges partner States to include a “narrative” aspect, which cannot be reflected in reporting mechanisms based on quantitative standards, as it helps to nuance apparently positive or negative results. However, the use of narratives is generally less common among funders and could help to give more substance to quantitative indicators. For instance, Japan has set a target to build capacity for 1,750 professionals working in water supply in Africa. Yet the specific content of such interventions is not defined, nor does it interact with a subsequent outcome indicator. Specifically, it is not possible to assess the nature of the training imparted to the professionals and related improvements to service provision as a result of the training.
- 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
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 21
- Paragraph text
- At a very minimum, State-owned companies have the same responsibilities as other businesses and must comply with the national regulatory framework. When State-owned companies act as arms of government or implementing agents of government policy, the State must ensure policy coherence and guarantee that the activities of those companies contribute to the realization 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 29
- Paragraph text
- States have interpreted the role of regulation in various ways, depending largely on the norms applicable to their particular context and the needs that correspond to that context, which leads to a range of different regulatory models and institutional arrangements. The most appropriate approach differs from country to country and depends on the general regulatory framework, the levels of institutional capacity and the types of problems that must be addressed.
- 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
Service regulation and human rights to water and sanitation 2017, para. 35
- Paragraph text
- Regulation by contract can be combined with supervision by regulatory actors. In these cases, service standards and tariffs agreed upon by the parties to the contract have to be approved by the regulatory actor. The intervention and the oversight of the contract by a regulatory actor, if oriented by the human rights framework, can contribute to the realization of 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)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 42
- Paragraph text
- Therefore, in regulating water and sanitation services, it should be recognized, as a starting point, that water and sanitation are human rights derived from the right to an adequate standard of living (see art. 11 of the International Covenant on Economic, Social and Cultural Rights) and are inextricably related to the right to the highest attainable standard of physical and mental health (see art. 12 of the Covenant on Economic, Social and Cultural Rights), as well as to the right to life (see art. 6 of the International Covenant on Civil and Political Rights) and the right to human dignity (see arts. 1 and 22 of the Universal Declaration of Human Rights). According to international human rights law, the human right to water entitles everyone, without discrimination, to have access to sufficient, safe, acceptable, physically accessible, and affordable water for personal and domestic use. The human right to sanitation entitles everyone, without discrimination, to have physical and affordable access to sanitation, in all spheres of life, that is safe, hygienic, secure and socially and culturally acceptable and that provides privacy and ensures dignity. From a human rights perspective, the ultimate objective of regulation is to give practical meaning to the normative content of these rights, as follows:
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 90b
- Paragraph text
- [In addition, the Special Rapporteur recommends that regulatory actors:] Carry out independent monitoring of service providers’ compliance with the normative content of the human rights to water and sanitation and ensure that in cases of retrogression providers address the root causes of these violations;
- 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
Service regulation and human rights to water and sanitation 2017, para. 90e
- Paragraph text
- [In addition, the Special Rapporteur recommends that regulatory actors:] Provide access to objective, comprehensible, clear and consistent information and facilitate free, active and meaningful participation in regulatory decision-making processes;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 90f
- Paragraph text
- [In addition, the Special Rapporteur recommends that regulatory actors:] Ensure that tariff-setting reconciles financial sustainability with affordability, while prioritizing and protecting the needs of those living in poverty;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 90h
- Paragraph text
- [In addition, the Special Rapporteur recommends that regulatory actors:] Provide clear and relevant information on their policies, procedures and activities and indicate how they contribute to the progressive realization 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 80
- Paragraph text
- Accountability at the national level can be achieved through administrative, quasi-judicial and judicial mechanisms. Mechanisms can be based at the level of the service provider or at the level of the State. For example, when a complaint is not resolved at the level of the service provider, individuals should have the right to address their complaint to an administrative mechanism such as a regulatory body.
- 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
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 82
- Paragraph text
- In the resolution of complaints against services providers, regulatory actors must ensure that any action that interferes with an individual’s enjoyment of the rights to water and sanitation is preceded by an opportunity for genuine consultation with the individual affected, the timely and full disclosure of information on the proposed measures, reasonable notice of proposed actions, legal recourse and remedies for the individual affected, and legal assistance for obtaining legal remedies.
- 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
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 14
- Paragraph text
- Violations of the obligation to fulfil include the State’s failure to take steps to establish a regulatory framework in line with human rights standards, and the failure to ensure, through its regulatory framework, that the minimum essential level of water and sanitation services is enjoyed by everyone.
- 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
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 7
- Paragraph text
- In order to collect the views of a range of experts, the Special Rapporteur convened a consultation on the subject of the report on 23 and 24 May 2017 in Rio de Janeiro, Brazil. Furthermore, relevant excerpts from the report were shared with the funders for their input.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 19
- Paragraph text
- Another example is UNICEF, which as part of the United Nations system is bound by the Charter. The Convention on the Rights of the Child (art. 45) explicitly refers to UNICEF as a source of expert assistance and advice, and therefore human rights obligations of UNICEF can be traced back to its special relationship with the Convention.
- 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
- Children
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 22
- Paragraph text
- Funders’ policies can be considered to represent the first step according to which activities will be structured. Indeed, a thorough policy framework with ingrained commitments to apply the complete framework of the human rights to water and sanitation strongly contributes to ensuring that funders’ activities are conceived and ultimately implemented in ways that realize those rights.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 23
- Paragraph text
- In addition to policies, partnerships and strategies between funders and partner States can often determine broader objectives for development cooperation in water and sanitation and may significantly influence the nature of funders’ operations.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 25
- Paragraph text
- Certain key elements of the normative content of the human rights to water and sanitation are found in the water and sanitation sectoral intervention framework, 2014-2018, a guiding reference for the activities of the French Development Agency. In that document, the human rights to water and sanitation are recognized; however, the framework of those human rights is incorporated selectively throughout a variety of the strategic areas instead of occupying a clearly prominent role. For instance, one priority strategy aims to provide sustainable access to water and sanitation services for all, with a scope of action extending from urban areas to rural areas for the sanitation subsector. The objectives of that strategy demonstrate attention to human rights aspects: permanent, continuous access to water and sanitation services; affordable services through mechanisms that consider the most vulnerable populations, such as social tariffs; and water quality corresponding to World Health Organization parameters. The strategy also contains provisions suggesting that acceptability of systems will be attributed importance. However, in citing only a “greater involvement” of users in that respect, the Agency does not effectively provide a guarantee that users will be able to participate and make their views considered systematically and with priority.
- 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 29
- Paragraph text
- Another overarching policy for development cooperation is established in the Japan International Cooperation Agency guidelines for environmental and social considerations. The guidelines specify that the principles of local stakeholder participation, accountability, transparency and access to information are indispensable for decision-making processes, in addition to respect for human rights.
- 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
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 31
- Paragraph text
- The Japan International Cooperation Agency has informed the Special Rapporteur that the strategy is currently under revision and will address the standards of the human rights to water and sanitation with greater clarity. The Special Rapporteur strongly encourages the Agency to effectively infuse the document with the human rights framework.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 2
- Paragraph text
- On the basis of the theoretical framework developed in the first report, in the present report, through case studies, the question of how funders contribute to the realization of the human rights to water and sanitation and respond to related challenges and gaps is examined.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 92a
- Paragraph text
- [In the assessment and monitoring stage, the Special Rapporteur recommends that funders:] Develop and systematically produce thorough assessment and monitoring based on the human rights framework, including assessment undertaken during and after the project implementation;
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 92c
- Paragraph text
- [In the assessment and monitoring stage, the Special Rapporteur recommends that funders:] Monitor, on a long-term basis, project outputs and outcomes through indicators and qualitative analyses based on the human rights framework;
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 92d
- Paragraph text
- [In the assessment and monitoring stage, the Special Rapporteur recommends that funders:] Prepare studies that assess all stages of the funder’s activities in the human rights development cycle, envisaging the application of the related findings to improve the funder’s contributions to the realization 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 11
- Paragraph text
- The obligation to fulfil has three components: the obligation to facilitate, the obligation to promote and the obligation to provide. The obligation to facilitate requires States to take positive regulatory measures to create an enabling environment for service providers to respect the human rights to water and sanitation as well as to contribute towards the full realization of these rights. Facilitating measures include not only according recognition of these rights within national policies and legal frameworks and adopting national strategies and plans of actions to realize them, but also setting service standards for service providers to comply with, in line with the normative content of the human rights to water and sanitation, monitoring service providers’ compliance with the established standards, and exercising regulatory functions, directly or through a separate body. For example, where, due to a lack of regulation, access to water and sanitation facilities is either not available or inadequate in public buildings, such as schools, prisons or hospitals, or where people living in informal settlements are left with no option but to resort to unregulated informal services, the State is in breach of its obligation to facilitate.
- 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
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 16
- Paragraph text
- In their key areas of action, which include standard-setting, monitoring and ensuring accountability for service provision, regulatory actors are bound by the principle of progressive realization, but also by the immediate obligation of non-discrimination and the obligation to take steps towards the full realization of these rights. The Committee on Economic, Social and Cultural Rights underscores that the enjoyment of the human rights to water and sanitation without discrimination of any kind can be compromised not only through direct action or omission by States, but also through State institutions or agencies at the national and local levels, which includes regulatory actors. For regulatory actors to meet their immediate obligations of equality and non-discrimination, they must, when regulating tariffs, consider those who do not have the economic ability to pay for services, and implement mechanisms for their protection; they must also ensure that service providers deliver services to poorer neighbourhoods and informal settlements.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 17
- Paragraph text
- While the existence of national policies and strategies supported by the human rights to water and sanitation contributes greatly to the creation of an enabling regulatory environment, regulatory actors cannot simply dismiss their human rights obligations on the grounds that national policies are inadequate. Being at the interface between policymakers, service providers and users, and as guarantors of accountability, regulatory actors are best placed to assess whether water and sanitation standards are being progressively met or are being overlooked. They have also the primary role in identifying retrogressions in the realization of the rights and in requiring providers to address the root causes of these violations. As such, their obligation to monitor service providers’ compliance with the standards of the human rights to water and sanitation and to identify what is compromising the realization of these rights goes far beyond mere policing. It involves, for example, supporting and influencing investment decisions, and policy and legislative changes in line with the human rights framework.
- 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
Service regulation and human rights to water and sanitation 2017, para. 18
- Paragraph text
- The International Water Association’s Lisbon Charter, on public policy and regulation for drinking water supply, sanitation and wastewater management services, adopted by 85 Governments in 2015, asserts that the actions of regulatory actors “must be based on the principles of competence, professionalism, impartiality, accountability and transparency” (art. 4). From a human rights perspective, there are additional key principles that must guide regulatory intervention in all circumstances: the principles of equality and non-discrimination; active, free and meaningful participation; access to information; and sustainability. These overarching principles should not only guide national policies on water and sanitation but also be embedded in legal and regulatory frameworks binding all water and sanitation stakeholders, including regulatory actors.
- 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 3
- Paragraph text
- The incorporation of the human rights to water and sanitation into national legal frameworks can be done at different levels and using different instruments, including the constitution, legislation, policies and regulations. States have an immediate and legally binding obligation to take deliberate, concrete and targeted steps to the maximum of their available resources to achieve progressively the full realization of these human rights (see art. 2 of the International Covenant on Economic, Social and Cultural Rights). This includes the obligation to adopt legislative measures, as explicitly stipulated in the Covenant, and the obligation to take steps to establish regulatory frameworks informed by the standards and principles that underpin those rights.
- 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
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 4
- Paragraph text
- When the terms “regulatory framework” or “regulation” (in general) are used in the report, they refer to secondary legislation such as norms, rules or standards establishing how services should be provided in a given context and the institutions responsible for monitoring compliance with these norms and standards. The terms “regulatory body”, “regulatory authority” or “regulator” refer to a separate body to which the State delegates regulatory functions. These bodies are often responsible for setting standards and applying and enforcing them. The term “regulatory actors” is used in a broad sense, and includes government institutions that exercise regulatory functions (i.e. a department within a ministry) and separate bodies created by the State to carry out regulatory functions.
- 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
Service regulation and human rights to water and sanitation 2017, para. 59
- Paragraph text
- When setting standards, regulation should aim to achieve the economic, environmental and social sustainability of service provision. Regulation should mirror the State’s obligation to guarantee the rights to water and sanitation sustainably and without discrimination, for both present and future generations. This means that today’s services should not limit or negatively affect future generations’ access to services. To that end, when developing a regulatory framework, States should ensure an integrated regulatory approach for the services, including both the regulation of the sector as a whole and the regulation of each service provider individually. Regulation also has a role to play in contributing to providing preparedness and resilience measures for emergency situations.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Humanitarian
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 60
- Paragraph text
- Promoting the affordability of services, together with a level of cost recovery that meets the requirements for financial sustainability, is a major challenge for regulatory frameworks. Regulatory actors must strike the fine balance between enabling service providers to adequately perform operational and maintenance activities, considering infrastructural, environmental and resource costs, and ensuring affordability. Economic perspectives and human rights perspectives are possible to reconcile, requiring from regulatory actors innovative approaches and a redesign of economic instruments in some situations.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 63
- Paragraph text
- Regulatory actors play an essential role in monitoring service providers’ compliance with the normative content of the human rights to water and sanitation. Access to information is crucial in this process. Regulatory actors must be able to collect, analyse and disseminate accurate information on the performance of all service providers. On the other hand, service providers have the responsibility to provide to regulatory actors complete and reliable information on the services, including on their quality, on complaints received from users and on challenges faced in extending services to poorer areas.
- 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
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 75
- Paragraph text
- Whether States decide to aim for regulation, or to use incentives for the provision of quality services at affordable prices, or to phase out small-scale providers in the long term and replace them with formal provision, it is essential that they do not worsen the situation and leave people without access to services (see A/HRC/15/31, para. 53). In particular, when granting exclusivity to formal providers extending into areas that have previously been served by small-scale providers, States must ensure that connection to a piped network is actually an affordable alternative. In these situations, affordability studies should be carried out by regulatory actors in order to avoid retrogression.
- 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
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 77
- Paragraph text
- The WHO/UNICEF Joint Monitoring Programme for Water Supply and Sanitation 2015 update shows that 70 per cent of people who do not use improved sanitation facilities, and 90 per cent of people who practise open defecation, live in rural areas. From a regulatory perspective, rural sanitation is a major challenge, as the need for safe sanitation is often not recognized. The construction and maintenance of latrines is often neglected, partly due to the taboo surrounding sanitation. Often, the vast majority of sanitation solutions are not regulated, managed or monitored by any State body (see A/HRC/33/49/Add.2, para. 14). The recognition of sanitation as a distinct right by the General Assembly and by the Human Rights Council warrants its political prioritization by States and the creation of an enabling environment for its progressive realization, including through the establishment of appropriate regulatory frameworks, adapted to local circumstances, that address the individual dignity and public health dimensions of this right.
- 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
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 78
- Paragraph text
- Compared to other areas of regulation, water and sanitation regulation is characterized by the fact that the regulated services relate directly to the fulfilment of human rights. While water and sanitation regulatory bodies are well positioned to contribute to the progressive realization of the rights to water and sanitation, their activities, whether through their regulations and decisions or through failure to live up to their mandate, can also potentially result in breaches of these rights. In their plans and activity reports, regulatory bodies should provide clear and relevant information on their policies, procedures and activities and indicate how they contribute to meeting human rights standards progressively.
- 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
- N.A.
- Year
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 72
- Paragraph text
- It is important that States and regulatory actors recognize the existence of informal service provision and assess the role that it plays in a given context. While the choice of the best policy approach to informal providers rests with the State and will depend on the particular circumstances of each case, human rights law prescribes that where services are operated or controlled by third parties, States must prevent them from compromising equal, affordable and physical access to sufficient, safe and acceptable water. In such cases, the Committee on Economic, Social and Cultural Rights advises that an effective regulatory system must be established. It is important, in these situations, that regulatory instruments and the institutional set-up chosen be adapted to the nature of small-scale service provision.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 8
- Paragraph text
- The analysis carried out is based on a framework that focuses on aligning the life cycle of development cooperation with the human rights to water and sanitation. The Special Rapporteur proposes the concept of a “human rights development cycle”, as presented in the figure below. In this hypothetical framework, stages are identified where funders can place guarantees and safeguards to ensure that their development cooperation will fully incorporate human rights. Within the human rights development cycle, it is expected that funders entrench the human rights principles and standards in each particular stage and in an integrated fashion throughout all stages. The framework constitutes a non-linear approach, since stages are not necessarily sequential. Notably, assessment and monitoring play a key role in feeding back into previous stages of the cycle and improving funders’ capacity to contribute to the progressive realization 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 11
- Paragraph text
- Development cooperation represents an important share of funding for water and sanitation in the global South. Moreover, the way that development cooperation is carried out in many countries establishes a benchmark for how the water and sanitation sector is managed, especially in countries that strongly rely on such sources (A/71/302, para. 3). In particular, development cooperation is expected to play an important role in achieving the Sustainable Development Goals. Target 6.a of the Goals aims to expand international cooperation and capacity-building support to developing countries in water- and sanitation-related activities and programmes. Moreover, target 17.2 expresses the commitment of developed countries to fully implement their official development assistance commitments in a way that would significantly increase the amount of funds disbursed to partner States. Indeed, it is estimated that the capital investments required to achieve Sustainable Development Goal 6, on water, sanitation and hygiene — approximately $114 billion per year — amount to around three times the current investment levels.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 12
- Paragraph text
- In 2015, grants and concessional loans represented 66 per cent of total development cooperation disbursements to the water and sanitation sector, reaching a total of $7.4 billion. Relevant funding modalities include funding for specific projects, technical cooperation and assistance or broader budget support for the sector. The steady global increase in funding to the water and sanitation sector since 2000 masks significant annual variations in disbursed funds and funding flows (for example, grants versus loans). In the period 2006-2010, 59 per cent of official development assistance disbursements to the water and sanitation sector were grants and 41 per cent were concessional loans; in the period 2010-2015, 49 per cent of disbursements were grants and 51 per cent were concessional loans.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 40
- Paragraph text
- In 2014, IADB published its Water and Sanitation Sector Framework Document, which recognizes and draws on the human rights framework in formulating priorities and strategies for development cooperation in that sector. The Framework aims to create effective mechanisms to provide services to marginalized populations in peri-urban and rural zones, which is in accordance with the framework of the human rights to water and sanitation. The policy clarifies that these services may require alternative, low-cost solutions and an adjusted definition of access that nevertheless provides efficient services of good quality.
- 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 63
- Paragraph text
- Before projects are completed, at times, some are extended with subsequent phases. The related negotiations for those subsequent phases can draw attention away from the current project’s implementation and shift it to the propositions related to the subsequent phases. Funders often require new and/or additional targets for a second phase, which can broaden the scope of the project instead of concentrating efforts on existing objectives. A longer-term commitment from funders — far beyond the limited time frame of projects — would provide lasting improvements to local authorities’ and different stakeholders’ capacity to provide water and sanitation services in a way that is consistent with the human rights framework.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 44
- Paragraph text
- The current UNICEF Strategic Plan (2014-2017) outlines a water, sanitation and hygiene indicator framework including targets for access in households and schools. It designates several outcomes and outputs that express an ample integration of issues of particular relevance to human rights. Some of those targets include enhanced support for children and families leading to sustained use of safe drinking water, adequate sanitation and good hygiene practices; increased national capacity to provide access to those services; strengthened political commitment, accountability and national capacity to legislate, plan and budget for the scaling up of interventions; and increased capacity of Governments of partner States to identify and respond to key issues for the human rights to water and sanitation. Most of the outcomes and outputs in the strategy rely on country-wide measurements, that is, “countries with an established target to provide access to drinking water to underserved populations”.
- 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
- Children
- Families
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 88
- Paragraph text
- The Special Rapporteur emphasizes the importance of having an open discussion on and identifying obstacles to incorporating the human rights framework in all development policies, programmes and projects and identifying good practices in overcoming such obstacles (ibid., para. 74 (a)). He reaffirms several recommendations provided in his first report, which are complemented and validated on the basis of the empirical analysis carried out in the present report, and presents the below recommendations for funders to implement throughout the human rights development cycle.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 50
- Paragraph text
- All six funders possess instruments that aim to underscore their cross-sectional development efforts to advance the interlinkage between water and sanitation and gender equality. Those efforts include taking steps to achieve greater equality by considering gender-differentiated needs and responsibility in households and communities; providing questions to be asked by operational teams throughout the stages of strategic planning, project implementation, assessment and monitoring; identifying and providing guidance on how to address gender-based challenges; using indicators throughout the project design and implementation stages to assess the integration of gender-related concerns; guaranteeing that projects will benefit a minimum proportion of female-headed households; and establishing monitoring, financial tracking and accountability systems to assess how equally women and men benefit from projects.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Water & Sanitation
- Person(s) affected
- Men
- Women
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 51
- Paragraph text
- Development cooperation for the water and sanitation sector entails human rights impacts from the point when funders decide how to dedicate resources to projects. The way in which a given funder balances the types of projects that it supports is a proxy of how human rights concerns are considered in that funder’s development agenda. Geographical balance — between world regions, States and areas within a State; between countries with different levels of development; or between urban, peri-urban and rural dwellers — can influence the impact of the agenda on the human rights. The same can be considered in relation to projects focusing on water, sanitation, hygiene, capacity-building or institutional support. Also, the share of projects through loans or grants and how they are allocated can have an impact on the progressive realization of the human rights to water and sanitation, affecting funders’ capacity to influence project goals and partner States’ potential financial burden.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 75
- Paragraph text
- Funders have project assessments and long-term portfolio monitoring in place at some or all steps of their development cooperation operations. However, those processes are still seldom aligned with the human rights framework. From the standpoint of the human rights development cycle, thorough assessments and monitoring based on the rights to water and sanitation can provide essential feedback on previous stages in the cycle. Notably, funders should collect and generate data to identify potential concerns for the relevant human rights principles and standards that are not being adequately safeguarded through the funder’s policy, operational tools and projects. Those data should assist funders in making adjustments to the previous stages of the human rights development cycle.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 79
- Paragraph text
- Outcomes in ex post human rights assessments should inform several characteristics of beneficiaries gaining access to services, allowing impacts to be assessed for populations living in conditions of poverty or vulnerability and identifying reductions in inequality. In particular, those data must go beyond limited assessments of access and availability of services (for example, the number of houses connected to a piped network) and should include ways of identifying discrimination and inequalities, collection time and other barriers to physical access, water quality, safety, acceptability and affordability.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 83
- Paragraph text
- The benefits of systematically monitoring processes, outputs and outcomes through the human rights framework are twofold. First, doing so allows funders and partner States to use the lessons learned from monitoring data to feed back into future projects and make adjustments to their operations in order to fill the gaps identified in relation to the progressive realization of the human rights to water and sanitation. Second, experiences in managing projects through a human rights lens can subsequently be documented, detailing relevant concerns that arose throughout project implementation and registering methods of dealing with them with the greatest possible benefit. Such findings could then be widely disseminated and help to improve the design, appraisal and execution of future development cooperation projects.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 27
- Paragraph text
- Furthermore, the intervention framework establishes targets for an intended number of beneficiaries through projects and defines a proportion of projects or funding to support relevant elements of the human rights to water and sanitation (for example, to ensure that 50 per cent of all projects funded have a positive impact on gender).
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 14
- Paragraph text
- Development cooperation in the water and sanitation sector involves various actors: the funder, the partner State and, when it exists, the implementing entity. The present report is focused on the roles of funders and how their policy, operations and overall capacity to influence contribute to the realization of the human rights to water and sanitation. The role of funders is significant, as their decisions can have an impact on the realization of those rights in different ways, depending on the extent to which decisions are based on human rights standards and principles.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 26
- Paragraph text
- In the intervention framework, the French Development Agency emphasizes persistent institutional shortcomings and addresses the importance of regulation to ensure, for example, balance between financial sustainability and maintaining access for all users. Indeed, States should adopt water and sanitation policies and strategies incorporating the human rights to water and sanitation and take deliberate, concrete and targeted steps to establish a regulatory framework informed by those rights (see A/HRC/36/45).
- 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
- N.A.
- Year
- 2017
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 76
- Paragraph text
- Assessing a project’s contribution to the realization of the human rights to water and sanitation requires a set of methods balancing quantitative and qualitative assessments and covering the full range of the normative content of the human rights to water and sanitation and human rights principles. Among several ways of assessing a particular project, process assessments and output and outcome indicators can be applied to assess a funder’s capacity to contribute to the progressive realization of human rights through their activities.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 87
- Paragraph text
- Regarding project assessment and monitoring for the human rights to water and sanitation, it is important to highlight the need for balance in processes and outcomes, in addition to outputs. Indeed, funders and partner States must make equal efforts to identify and address the systemic and often cross-sectional determinants of particular phenomena, such as the discrimination of certain groups in access to services, while rigorously gathering data and monitoring such complex development issues.
- 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
- 2017
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 89a
- Paragraph text
- [In line with the above, the Special Rapporteur recommends that States:] Adopt water and sanitation policies and strategies incorporating the human rights to water and sanitation, and take deliberate, concrete and targeted steps to establish a regulatory framework informed by these rights and regulatory bodies operating in an impartial, transparent and rights-based manner;
- 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
Service regulation and human rights to water and sanitation 2017, para. 83
- Paragraph text
- The regulatory body must also be endowed with the power to enforce existing regulations and contractual agreements. Mechanisms for contract enforcement must include adequate incentives, penalties for non-compliance, such as fines, and the possibility of revocation of the contract (see A/HRC/15/31, para. 52).
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 4
- Paragraph text
- Although funders include a range of actors, such as States, financial institutions, international or regional organizations, non-governmental organizations and private entities, the scope of the present report does not include assistance provided by non-governmental and private entities.
- 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
Development cooperation and the human rights to water and sanitation 2017, para. 92e
- Paragraph text
- [In the assessment and monitoring stage, the Special Rapporteur recommends that funders:] Utilize assessment and monitoring as feedback for operational tools and the project selection, design and implementation stages and to advocate that their officials give meaningful consideration to the related findings.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 39
- Paragraph text
- A few funders have implemented projects aiming explicitly to improve the situation with respect to the human rights to water and sanitation. One of the very few examples of a project with a specific human rights focus is a German Cooperation-funded project in Kenya on ensuring the right to water for the poorest. Considering the need to supply drinking water to the urban poor, the project set up a network of water kiosks to sell water at regulated prices and created water action groups to improve participation. Consequently, the Government of Kenya requested funders to align their programmes to reflect the human rights to water and sanitation. Another example is the creation of a manual on the right to water and sanitation, a tool to assist policymakers and practitioners in developing strategies for implementing the human rights to water and sanitation, which was funded by the Swiss Agency for Development and Cooperation and the United Nations Human Settlements Programme (UN-Habitat), that includes recommendations for development cooperation.
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 53
- Paragraph text
- Another evolution of those policies was related to the integration of development cooperation into the Millennium Development Goals, which created the expectation that international transfers would play an important role in helping developing countries to meet the targets. It is important to note that the targets of the Millennium Development Goals for water and sanitation were not as ambitious as those in the Sustainable Development Goals, as the former sought only to halve the proportion of people without sustainable access to safe drinking water and sanitation based on the world population in 1990 and 2015, and moreover did not define which "half" of the countries' populations should be prioritized.
- 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
- N.A.
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 42
- Paragraph text
- The broad conclusion is that explicit commitments to human rights in the development cooperation policies of funders constitute a heterogeneous patchwork. There are some notable cases in which the overall approach to cooperation policy, at least as set forth in official documents, is based on the human rights framework. For example, the Ministry for Foreign Affairs of Finland published a policy document that stated that the Government's development policy programme for 2012 required that a human rights-based approach be implemented in all development policy and development cooperation practiced by Finland. Similarly, a framework document of the Federal Ministry for Economic Cooperation and Development of Germany, contained an affirmation of human rights as one of the guiding principles for German development policy. The Federal Ministry also stated that its human rights strategy was complemented by operational guidelines specifying how to assess human rights-related risks and impact in the appraisal phase of all development programmes commissioned by the Ministry. A pioneering document from the Federal Ministry on translating theory into practice with respect to the human rights to water and sanitation indicated that its policy was based on a review of experience in Kenya in 2007 and that the experience in Kenya showed that a human rights-based approach to water and sanitation could be successfully pursued, gradually leading to sustainable benefits for all. Other relevant approaches include that of the Republic of Korea of laying the foundation for reflecting a human rights-based approach in the whole programme cycle from the design to implementation phases; that of Denmark of affirming that poverty reduction and promotion of human rights are the core of development cooperation; and that of Austria of ensuring that development cooperation does not risk violating human rights and that a human rights-based approach is applied in programmes, projects and in political and policy dialogues. There are other countries that recognize the human rights framework in their policies, including Canada, whose Official Development Assistance Accountability Act establishes that official development assistance must be consistent with international human rights standards; and France, whose Ministry of Foreign Affairs, in a document on democratic governance and human rights, stated its commitment to concretely and holistically promoting human rights across the board in all sectors of French cooperation.
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 43
- Paragraph text
- In other States, policies specifically concerning the water and sanitation sector contain formulations that reflect the human rights framework in rather distinct ways. For example, the water supply and sanitation assistance strategy of the Japan International Cooperation Agency reflects recognition of the declaration by the General Assembly in 2010 that access to safe drinking water and basic sanitation are basic human rights. The Ministry of Foreign Affairs of the Netherlands indicated that the Netherlands recognized the right to safe drinking water and sanitation as basic human rights and that such recognition granted it the ability to point out, during policy discussions with partner countries, the responsibilities of the Government and the rights of the population, in particular vulnerable groups. The Swiss Agency for Development Cooperation indicated that its new water strategy also set a rights-based approach to water. An official document from Belgium on development cooperation mentioned that human rights principles, including the rights to water, health and decent work and the rights of women, children and indigenous peoples, were all important components of its normative framework. In a reference document on realizing the human rights to water and sanitation, the Government of Sweden recalled its declaration of full support for the human rights to water and sanitation and that richer States had an obligation to assist other States in fulfilling the right to water and sanitation. Spain also has strongly integrated human rights language into its development cooperation policies, aiming to adopt a rights-based approach in its cooperation policy and supporting the implementation 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)
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 29
- Paragraph text
- The fact that in many instances women and girls risk being harassed when they relieve themselves in the open or in public facilities is partly due to the structural and systematic use of stereotypes and stigma. The promotion of awareness-raising campaigns, targeted education programmes and discussion groups, among other measures, to transform both men's and women's perceptions of gender roles is therefore encouraged. Gender-based violence must be prevented and investigated, and those responsible must be prosecuted, in order to break patterns of societal acceptance of exclusion and violence based on gender norms. Recognizing that young people may grow up to be change makers, curricula in all schools should challenge gender stereotypes and encourage critical thinking.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- Men
- Women
- Youth
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 30
- Paragraph text
- People who do not conform to a fixed idea of gender may experience violence and abuse when using gender-segregated sanitation facilities. Gender non-conforming people face harassment in or avoid gender-segregated public toilets altogether out of fear. For example, transgender girls who use the boys' toilets and transgender boys who use the girls' toilet in schools are highly vulnerable to bullying, harassment and assault by other students. Research from India indicates that transgender persons face difficulties in finding rental housing and are often forced to live in remote slum areas, where access to water and sanitation facilities is poor.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Water & Sanitation
- Person(s) affected
- Boys
- Girls
- LGBTQI+
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 67
- Paragraph text
- Human rights-based monitoring can be built on a framework of structural, process and outcome indicators that serve to monitor not only the commitments made by a State but also the State's ongoing efforts and whether progress is being made to achieve targets on gender equality. Useful examples of indicators to monitor gender equality in access to water, sanitation and hygiene can be found in the OHCHR framework on indicators and by the World Health Organization-United Nations Children's Fund Joint Monitoring Programme Task Force on monitoring inequalities. Indicators on menstrual hygiene facilities, for example, could be used to track gender equality and help to break related taboos.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 47
- Paragraph text
- It is notable that some important multilateral funders, including the World Bank and the Asian Development Bank, view water as a socially vital economic good and aspire to similar goals of creating inclusive economic growth and equity and reducing poverty. As indicated previously, such goals may claim to produce outcomes that contribute to improved access to water and sanitation. However, it may result in part from a lack of concrete human rights consistency that programmes and projects are oriented to hastily pushing money out of the door (see A/70/274, para. 36). A framework with solid grounding in human rights, backed by the commitment of the staff and boards of those institutions, would provide safeguards against such risks, ensuring that loans for water and sanitation projects and programmes do not produce negative outcomes for some individuals or groups, but rather increase the realization of the rights of the most disadvantaged.
- 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
- Poverty
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 50
- Paragraph text
- The Dublin Conference report sets out principles for action at the local, national and international levels. One of the very influential principles contained therein is relatively ambiguous regarding the role of the human rights to water and sanitation in development cooperation and supports the strongly criticized policies of multilateral agencies. According to the principle, on the one hand, it is vital to recognize first the basic right of all human beings to have access to clean water and sanitation at an affordable price; on the other hand, managing water as an economic good is an important way of achieving efficient and equitable use of water resources and of encouraging conservation and protection of those resources. The definition of water as an economic good has led to a set of cooperation programmes in developing countries with radical conditionalities that impose privatization of services and commodification of water, with little consideration for the human rights framework. In a sense, the second part of the principle, the "economic side", has triumphed over the first part, the "rights side".
- 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
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 8
- Paragraph text
- Gender equality refers to the equal rights, responsibilities and opportunities between genders taking into consideration the different interests, needs and priorities and recognizing the diversity of different groups of women and men. Gender equality means that everyone must be able to enjoy the rights to water and sanitation equally. In order to attain substantive equality, therefore, it is necessary to address the specific gendered circumstances that act as barriers to the realization of those rights for women and girls in practice. States must assess existing legislation, policies and strategies, and find out to what extent the enjoyment of the rights to water and sanitation between men and women are equally guaranteed. On the basis of that review, remedies should be provided and gender-responsive strategies should be developed that guide policymaking and the corresponding allocation of budgets. Temporary affirmative measures will in many cases be necessary.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Water & Sanitation
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 13
- Paragraph text
- In humanitarian situations, including in times of conflict or natural disaster, when water and sanitation sources are at a minimum, the specific needs of women and girls are often not taken into account. It is vital to better understand and share experiences about the kinds of responses that can be deployed across the diverse range of emergencies, including the most adequate and effective adaptations and interventions. It further requires an integrated approach and ongoing coordination among all sectors concerned. Lesbian, gay, bisexual, transgender, intersex and gender non-conforming people face additional challenges in areas affected by disaster. A recent United Nations assessment found that, in Europe, women and girls who are refugees are vulnerable to violence and lack services that specifically meet their needs, such as private bathing and sanitation facilities. Some women have reported having stopped eating or drinking to avoid going to the toilet where they felt unsafe. The reaction of Governments and others to these situations is considered inadequate and there is an emphasis on the urgent need to scale up such response efforts.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Water & Sanitation
- Person(s) affected
- Girls
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 55
- Paragraph text
- It is clear that the realization of the Sustainable Development Goals will require unprecedented cooperation between countries and the development of strong cooperation strategies and actions. The Addis Ababa Action Agenda, adopted at the Third International Conference on Financing for Development and endorsed by the General Assembly in 2015 (resolution 69/313), provides a comprehensive set of policy actions by Member States, with a package of over 100 concrete measures to finance sustainable development, transform the global economy and achieve the Sustainable Development Goals.
- 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
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 63
- Paragraph text
- Accountability refers to the relationship of duty bearers towards rights holders, as the latter are affected by the decisions and actions of the former. It demands that individuals and groups have access to courts and other mechanisms and that remedies be provided. Accountability mechanisms also determine which aspects of a gender-sensitive policy or service are functioning well or need to be adjusted. Monitoring is essential to track progress and assess whether the State is meeting its goals and targets.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 70
- Paragraph text
- The rapid development of technology has made it possible to leverage data from new sources. There is a great opportunity to connect official statistics to citizen-generated data. States must therefore support the crucial role played by civil society, women's organizations in particular. In addition to developing innovative ways of collecting data, civil society also brings qualitative value in analysing and interpreting results to make sure that gaps in monitoring are detected and that gender-specific needs are taken into account.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 48
- Paragraph text
- Moreover, it has been rightly pointed out that recent uprisings have highlighted the need for development to go hand-in-hand with the defence of human rights and freedoms. It is in that vein that the African Development Bank, in its strategic plan for delivering basic water supply and sanitation to rural Africa for the period 2012-2015, explicitly referred to the realization of the human rights to water and sanitation as a component of an enabling environment for the improvement of governance in the subsector.
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 22
- Paragraph text
- Overall, notwithstanding growing levels of development cooperation, it is still insufficient in quantity and questionable in terms of targeting when it comes to meeting the world's needs for water and sanitation. For example, commitments of funds for basic systems, a proxy indicator for the extent to which the urban poor and rural populations are being reached, are consistently less than those for large systems. In 2013, 24 per cent of funds went to basic systems, compared with 50 per cent for large systems, with a decrease in funds for those projects from 26 per cent to 21 per cent between 2010 and 2012. Moreover, development cooperation still does not appear to be allocated with priority to the least developed countries.
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 41
- Paragraph text
- The Special Rapporteur has reviewed relevant policy documents from the State funders who have dedicated the greatest amount of funds to development cooperation in the water and sanitation sector. The review was not intended to be exhaustive nor was it intended to make a critical judgment, but rather provides an overview of the approaches and points of view of the funding States, based on relevant official documents. Some funding States mention the human rights to water and sanitation or a human rights-based approach at the framework level in their policy documents. However, there is no evidence that funding States systematically apply the human rights approach to water and sanitation as a necessary criterion in the selection of projects to be financed. The choice of financing a specific activity seems to depend much more on the funder's global strategy and the country's demand. Even when the human rights to water and sanitation are exceptionally mentioned in the initial project assessment documents, once the project is implemented, those rights are not specifically referred to in the main planning and assessment tools, such as the annual operating plans and the project monitoring documents.
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 33
- Paragraph text
- Another issue is that some stakeholders may consider certain human rights-based approaches to represent an unnecessary diversion of funds, demonstrations of "excesses of zeal" or a restriction on the flexibility of funding entities. Such concerns could be brought on by the participation by multiple stakeholders in the design phase of a programme, which may lead to lengthier processes that require a greater number of opinions to be taken into consideration. The Special Rapporteur does not fully share the preceding points of view. In agreement with the conclusions reached in an evaluation carried out by the United Nations Inter-agency Mechanism on All Freshwater-related Issues, Including Sanitation (UN-Water), the Special Rapporteur is of the view that raising awareness of rights-holders by strengthening participatory processes can lead to greater ownership, more involvement in operations and maintenance and improved sustainability of sanitation and water services.
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 34
- Paragraph text
- Although part of the literature on conditionalities in development cooperation identifies positive and negative outcomes, there is a relevant body of research in the water and sanitation sector that highlights the negative aspects of imposing conditionalities. Various types of conditionalities, including ex ante or ex post, policy-based, output-based and tied aid, are commonly used in development cooperation projects in the water and sanitation sector. For example, a funder could condition aid for a collective water supply system on the raising of tariffs paid by users, a policy of full-cost recovery or the privatization of service provision. There is a growing call to end those practices in the interest of ensuring country ownership. For example, the intergovernmental International Conference on Freshwater declared that private sector participation should not be imposed on developing countries as a conditionality for funding, and that priority should be given to catalysing other forms of financing, building capacity and targeting the poor, especially in rural areas. The Special Rapporteur received several statements in response to the above-mentioned questionnaire that reinforced such calls.
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 35
- Paragraph text
- Civil society organizations stressed that implementing development cooperation in the water and sanitation sector does not only mean making financial arrangements, but also establishing constructive relationships that coordinate to produce regionally and culturally specific policy and programme frameworks. Those affirmations embody serious, well-founded concerns that the orientation of some projects and programmes in the sector continue to be towards profit-based priorities. Civil society organizations also called for both funding and partner States to be responsible for the adverse effects of development cooperation projects on human rights. For example, when conditionalities imposed by funders requiring full-cost recovery through tariffs have raised the cost of access to water and sanitation services and cut off recourse for affected residents to petition those measures, civil society may rightly criticize public authorities for not protecting users from the adverse impact of unaffordable services, as well as the funder for facilitating the creation of such circumstances.
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 36
- Paragraph text
- The available general policy documents of the main funding States and multilateral funders show that in most cases they implicitly recognize some of the human rights principles, including equality and non-discrimination, access to information, participation and accountability, in their policy frameworks for development cooperation. In general, a number of human rights principles are accepted and some funding agencies use compatible indicators and similar principles. However, those organizations do not yet recognize such principles as obligations under international human rights law or necessarily observe them as such in project implementation and reporting. Some elements of the normative content of the human rights to water and sanitation, such as water quality and availability, are addressed by development cooperation projects, while others, such as affordability of services and accessibility, are systematically absent from policies.
- 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
- N.A.
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 65
- Paragraph text
- Persons must be made aware of the human rights to water and sanitation and the enforceability of those rights. Women must be able to hold the State to account regarding its obligations to provide adequate sanitation facilities in, for example, public spaces like market places and transport hubs. Impunity for perpetrators of gender-based violence must be eliminated and remedies must be provided. The Committee on the Elimination of Discrimination against Women has recommended that all cases of violence and discrimination against women be brought under the jurisdiction of a criminal court rather than be settled through mediation.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Water & Sanitation
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 46
- Paragraph text
- Conversely, other major multilateral funders do not incorporate human rights into their policy frameworks, sometimes intentionally. The most remarkable such case concerns the International Bank for Reconstruction and Development and the International Development Association, which form part of the World Bank Group, as thoroughly discussed in 2015 by the Special Rapporteur on extreme poverty and human rights (A/70/274). Notwithstanding references in policy analyses and public relations statements to the importance of the human rights framework, which in any case are non-committal, the World Bank has controversially abstained from including human rights-related criteria in its operational policies, except with respect to the rights of indigenous peoples. Several official World Bank statements have expressed the view that human rights are matters of political concern that, in accordance with the institution's articles of agreement, cannot be considered as criteria for the disbursement of funds. The recently established multilateral development banks, including the Asian Infrastructure Investment Bank and the New Development Bank, include nearly identical terms in their articles of agreement.
- 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
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 35
- Paragraph text
- Many women and girls risk their health using unhygienic sanitary methods, for example by using dirty rags or newspapers to collect menstrual fluids, as other methods are unaffordable, unavailable or unknown owing to stigma and taboos relating to menstruation. Although women in western countries use, on average, at least 12,000 tampons during their lifetime, there is no extensive and publicly available knowledge on the safety of tampon usage. States are required to enact regulations on the safety of industrially produced menstrual products. Different women prefer different menstrual products, which include cloths and menstrual cups. Information must be provided so women can use the product they feel most comfortable with, with the knowledge and skills to manage their menses hygienically. States must further ensure affordable health care for all women and girls, including for menstrual issues and incontinence.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 36
- Paragraph text
- Water, sanitation and hygiene needs are critical to prevent high maternal and newborn mortality rates. In its recently adopted general comment No. 22 (2016) on the right to sexual and reproductive health, the Committee on Economic, Social and Cultural Rights notes that access to safe and potable water and adequate sanitation, as well as access to health-related education and information, are the underlying determinants to that right. Collaboration among sectors makes it possible to exchange information on how to deliver education on culturally taboo topics and to give greater priority to female-specific needs, in a manner that the water, sanitation and hygiene sector alone cannot achieve.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Infants
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 37
- Paragraph text
- Affordability is of special concern to women and girls, who often have less access to financial resources than men. Women and girls need toilets for urination, defecation and menstrual hygiene management as well as for assisting younger children. Combined with women's lower access to financial resources, pay-per-use toilets with the same user fee for men and women are in practice often more expensive for women. Besides, public urinals are often free for men but not for women. To tackle this, the municipal government of Mumbai is currently constructing several toilet blocks the maintenance of which is financed through family passes instead of by charging a fee for each use. Some public toilets can be used free of charge by women and other groups that often lack access to economic resources, such as children and older people.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Health
- Water & Sanitation
- Person(s) affected
- Children
- Girls
- Men
- Older persons
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 40
- Paragraph text
- According to international human rights law, States must allocate their maximum available resources to the progressive realization of human rights, paying particular attention to the rights and needs of the most marginalized segments of the population. Progressive policies and plans will be rendered worthless, however, without a proper budget. A gender analysis supports Governments in making better budget-related choices by highlighting existing gender inequalities and the impact of public expenditures on women and girls. States should promote gender mainstreaming in budgeting activities for water sanitation and hygiene, and increase women's participation in budgeting processes. Specialized units throughout government can be tasked with oversight.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Water & Sanitation
- Person(s) affected
- Girls
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 53
- Paragraph text
- Employment codes and standards that explicitly require the inclusion of facilities for menstrual hygiene management in the workplace are currently limited or do not exist. Such regulations must be developed, promoted and enforced and must serve to hold businesses and Governments to account. It is important that Governments determine these responsibilities within their administrative structures, so they can be held to account. In addition, private companies and employers have a responsibility to prioritize this issue and take action. Trade unions too have the potential to encourage good practices and support workers' rights in this area.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Health
- Person(s) affected
- All
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 55
- Paragraph text
- Water, sanitation and hygiene policies and laws must proactively and deliberately enable the active, free and meaningful participation of women at all stages of planning, decision-making, monitoring and evaluation. As a principle, the participation of women must be fully integrated in both the legislative and the executive branches of government, and in initiatives by implementing entities, such as non-governmental organizations and service providers. Participation must take place at the micro, meso and macro levels. This includes community-level initiatives, as well as initiatives and decision-making at the national, regional and international levels.
- 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
- Women
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 66
- Paragraph text
- An adequate institutional environment for water and sanitation services in all States is essential for development cooperation funding to reach those most in need and to be sustainable. It allows loans and grants to leverage national policies, making it easier for States to meet their obligations concerning the progressive realization of human rights. The responsibility falls upon partner countries to create such an enabling environment, in which development cooperation is a fundamental part of national policies to provide water and sanitation and the observance of human rights obligations.
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 74h
- Paragraph text
- [In line with the above, with respect to development cooperation in the water and sanitation sector, the Special Rapporteur recommends that States and multilateral funders:] Correct the imbalance in funding of water supply and sanitation services, giving due priority to the sanitation sector and particular consideration to the related needs of the most disadvantaged populations, and adopt appropriate technology that takes into account the sociocultural characteristics of the target populations;
- 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
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 77j
- Paragraph text
- [In line with the above, the Special Rapporteur recommends that States:] Develop water, sanitation and hygiene approaches, programmes and policies that proactively and deliberately enable the meaningful participation of women at all stages of planning, decision-making, implementation, monitoring and evaluation. States and development partners must identify, acknowledge and remove barriers to participation in decision-making in respect of water, sanitation and hygiene initiatives and ensure that women are aware of their ability to participate;
- 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
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 34
- Paragraph text
- Soap and clean water for personal hygiene is of particular importance during menstruation. Women and girls must be able to use clean materials to absorb or collect menstrual fluid, and change them regularly and in privacy. They must have access to water and soap to wash their hands and body and facilities to dispose safely and hygienically of menstrual materials like pads, cups, cloths and tampons. Facilities must be easy to maintain and to clean. Women and girls with disabilities face unique challenges in accessing sanitation facilities. Their ability to properly manage their hygiene may be particularly compromised and, when facilities do not provide for the space and materials they need, they are especially prone to diseases. Service providers must ensure that facilities are designed with the participation of women and girls in order to adapt them to their biological and sociocultural needs. The specific needs of women and girls must be incorporated into the design, implementation, monitoring and evaluation of sanitation facilities. Approaches must go beyond advocacy to address policies, infrastructure, maintenance systems and monitoring in order to ensure that services are adapted to the specific needs of users by, for example, taking into account their bodies, including their physical abilities, and their age. Formal independent regulators, as well as locally based participatory water and sanitation committees, should monitor whether regulations are well interpreted, implemented and effective.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Girls
- Women
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 19
- Paragraph text
- Development cooperation has increased steadily since the 1990s. Between 2010 and 2014, the gross monetary value of grants, loans and technical advice disbursed to all sectors was approximately $791 billion, an average of $158 billion annually. It is estimated that development cooperation in the water supply and sanitation sector increased by 12.3 per cent between 2006 and 2014, with a gross disbursement of $7.2 billion in 2014, corresponding to approximately 4 per cent of disbursements to all sectors that year. Data show that between 2010 and 2014, $43.7 billion was committed to the water supply and sanitation sector. The top 10 funders, which provided nearly 80 per cent of total funding for water supply and sanitation projects in the period 2010-2014, included: the International Development Association/World Bank Group (17.4 per cent), Japan (15.5 per cent), Germany (12.2 per cent), European Union institutions (8.7 per cent), France (7.5 per cent), the United States of America (4.9 per cent), the special funds of the Asian Development Bank (3.8 per cent), the African Development Fund (3.1 per cent), the Republic of Korea (3.0 per cent) and the Netherlands (2.9 per cent).
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 28
- Paragraph text
- At the close of the Millennium Development Goals period, disparities in water and sanitation services remained, including between urban and rural populations. The trends in development cooperation for the sector show that funders appear to favour large water supply and sanitation activities, which mostly benefit the wealthiest urban populations. They also suggest that much more targeted efforts are needed for the least developed countries, in particular with respect to sanitation, to accelerate progress and thereby achieve universal access by 2030 pursuant to the expectations set forth in the Sustainable Development Goals.
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 31
- Paragraph text
- Development cooperation can have an impact on the human rights situation of a State or region in a positive or a negative way. Some civil society organizations have noted that seemingly well-intentioned programmes or projects to improve the water and sanitation services of a given city or region have at times had a negative impact on a subset of service users. In some cases the responsibility for the negative impact on the human rights to water and sanitation as a result of development cooperation activities can rest with both the funders and the partner State, including with respect to the affordability of services after project completion, the accountability of public authorities and contracted businesses throughout those projects, stakeholder participation, access to information and the overall sustainability of services.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 32
- Paragraph text
- Some projects may evoke broader human rights concerns, such as the protection of the right of individuals to freedom of expression and those of human rights defenders. For example, there have been an unfortunate number of reports of the lives of civil society stakeholders being threatened when they voiced concerns for human rights in relation to multilateral development cooperation activities. Within the human rights framework, partner States are required to create an enabling environment for active and informed participation and the protection of human rights defenders. It is also important to recall that a funding State is responsible in the context of its assistance to a beneficiary State when an internationally wrongful act has been carried out by the beneficiary State if the funding State provides such cooperation with knowledge of the circumstances and if the act would have been deemed wrongful if committed by the funding State.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 58
- Paragraph text
- Based on the previous sections, which have mapped out development cooperation in the water and sanitation sector and its current and potential level of integration in the human rights framework, some proposals have been put forth that suggest possible avenues for achieving a proper scenario for development cooperation. The following subsections briefly discuss a number of those proposals, which are bases for part of the recommendations in the present report and serve as a preliminary guide to the development of the forthcoming report of the Special Rapporteur to be submitted to the General Assembly in 2017.
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 60
- Paragraph text
- Establishing a human rights-based approach in the initial stages of a given project is essential to ensuring that the human rights framework will be embedded in the project from its conception and throughout its implementation. The specific measures to effectively implement that approach depend on the nature of the project. It may include a human rights impact assessment or other due diligence measures that enable funders to identify and mitigate the negative impact of their activities on human rights, to provide positive support, advice and assistance to States in relation to human rights (see A/70/274, para. 84) and to refrain from supporting projects and programmes that would contravene the international human rights obligations of funders and partner States. In that context, it is noteworthy that several stakeholders, including 28 special procedures mandate holders of the Human Rights Council, have exhorted the World Bank to include human rights assessments in the environmental and social policies of their revised safeguards.
- 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
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 63
- Paragraph text
- In practice, it has been widely observed that conditionalities in loan and grant concessions are often leveraged in such a way as to deny the sovereignty and ownership of the beneficiary country. Even some organizations that are reluctant to accept certain controls over development aid recognize the unfair nature of conditionalities when funders impose their own consultants and suppliers or methods of work. Furthermore, institutional reforms in the water and sanitation sector, often accompanied by privatization processes, are frequently included conditionalities that can have an impact on human rights in different ways, including the probable exclusion of the most disadvantaged. Another common type of conditionality in development cooperation in the water and sanitation sector is the implementation of full-cost recovery policies based on tariff collection. Such policies, when unaccompanied by appropriate safeguards, can raise serious concerns about lack of affordability and its adverse impact on the poorest populations.
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 45
- Paragraph text
- A review of the development cooperation policies of major multilateral funders in the sector reveals a mixed panorama regarding the consolidation of the human rights to water and sanitation similar to the policies of funding States. Some major funders, such as the Inter-American Development Bank and UNICEF (see E/ICEF/2006/6), have issued specific policy documents in which the human rights to water and sanitation have been recognized. For other funders, including the European Union, the general policy framework may reflect a clear concern for guaranteeing human rights through all development cooperation projects. The European Union has committed itself to using a human rights-based approach to ensure that efforts are strengthened to assist partner countries in implementing their international human rights obligations.
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 68
- Paragraph text
- In addition, regardless of the level of funding, cooperation should take into consideration the comprehensive nature of water and sanitation services to make sure that outcomes are effective and sustainable. The effectiveness of investments is impaired by inadequate policies, planning and management of water and sanitation services. For example, an ineffective programme for residential connections to a sewerage network brought on by inadequate planning may result in sanitation investments in large cities not having the expected positive impact on the environment and public health. That may be particularly relevant in dense urban areas with significant informal settlements or extensive peripheral neighbourhoods. Another restraint may arise from the application of a poor cost-recovery model based on tariffs and other revenues that effectively prevents service providers from properly operating and maintaining the utilities.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 31
- Paragraph text
- States must take all measures necessary to remove the barriers that deter people from using sanitation facilities. A concerted approach is needed against violence based on gender identity and initiatives must aim to increase respect and acceptance throughout society. A basic level of recognition of rights is needed. Too many States have laws that punish people on the basis of their sexual orientation and gender identity and expression. States should attach considerable importance to training and supporting teachers and administrators on non-violent learning environments. Malta, for example, has enacted guidelines for schools to promote the learning of human diversity that is inclusive of trans, gender-variant and intersex students, promoting social awareness, acceptance and respect.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Water & Sanitation
- Person(s) affected
- LGBTQI+
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 68
- Paragraph text
- It is of crucial importance to monitor, in a rights- and gender-sensitive manner, progress towards achieving the Sustainable Development Goals, and to make sure that national and local mechanisms track compliance with and progress made to realize the rights to water and sanitation, including in terms of gender equality. Gender equality is central to the Goals (see Goal 5) and is reflected in several targets, including target 6.2. Gender equality in access to water, sanitation and hygiene will have a positive impact on other goals and targets, including those on ending poverty (Goal 1), on promoting decent work and economic growth (Goal 8), on reducing inequality (Goal 10) and on making cities and human settlements inclusive and sustainable (Goal 11). Since gender inequalities are so profound in water and sanitation and, at the same time, manifest themselves in all human rights and throughout the entire development agenda, a comprehensive approach would allow for using similar indicators and information collected through the monitoring of different human rights and development targets.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 69
- Paragraph text
- Filling the existing data gap should be a priority in order to support gender-sensitive indicators. Systems need to be developed to improve the collection of data disaggregated by sex and other relevant factors, which are necessary to assess the impact and effectiveness of policies and programmes that aim to mainstream gender equality and enhance women's enjoyment of their human rights. Also, the collection process must take into account stereotypes and social and cultural factors that may induce gender bias in the data and be more inclusive, transparent and grounded in legally binding international human rights commitments. OHCHR has developed a guidance note on data and disaggregation.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 71
- Paragraph text
- Under the framework of the Millennium Development Goals, data disaggregated by gender was not reported in a standardized fashion. There is not much data available on intra-household inequalities in terms of access to and use of sanitation and menstrual hygiene facilities or in terms of intersecting factors such as disability and age. The household cannot be considered as a homogeneous unit: its members have different roles, opinions and experiences. Finding ways to monitor intra-household inequalities may be pivotal in order to reveal gender inequalities and root causes of inequality that often remain invisible in household-level analyses. There might be a stark divide in terms of perspectives in household monitoring. A household member could respond differently to a household survey depending on whether that person is a man or a woman or has a disability.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Water & Sanitation
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 22
- Paragraph text
- Poor menstruation management has far-reaching consequences for society as a whole and a lack of knowledge by both women and men reinforces the taboos on this topic. Education, awareness-raising and training sessions are important ways to address this problem. Moreover, it is not only girls and boys, but also teachers, government officials, community-based health workers and development staff, who must be informed on menstruation and its management. The Ministry of Drinking Water and Sanitation of India has issued menstrual hygiene management guidelines containing various approaches to creating an environment in which menstrual hygiene is considered acceptable and normal. Education on menstruation should focus on girls before menarche to ensure girls are aware of what will happen to their bodies in time.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Health
- Water & Sanitation
- Person(s) affected
- Boys
- Girls
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 23
- Paragraph text
- Bodily and hormonal changes, including menstruation, affect both boys and girls and their attitudes towards each other. Men and boys must be involved in education and empowerment initiatives, as they play a role in creating unequal power relations and harmful stereotypes. Caution must be taken to not confirm or worsen stereotypes and shame. Teachers in the Plurinational State of Bolivia have noted that simply introducing the topic of menstruation embarrassed girls and increased teasing from boys. In India, the campaign "No toilet, no bride" proved to be successful in terms of men investing more in the construction of toilets, but some scholars have argued that it may have reinforced stereotypes and gender roles within marriage. More evidence and evaluations are still needed on the effectiveness of initiatives for health and schooling, as is the development of country-level expertise.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Boys
- Girls
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 43
- Paragraph text
- Private facilities in or close to the home provide for privacy and safety, which is particularly relevant for women and girls, particularly the eldest, those living with disabilities and those who are pregnant or menstruating. Moreover, it is estimated that one in four women over the age of 35 experiences incontinence and that women disproportionately suffer from a lack of adequate and private facilities. Having a water supply on the premises reduces the time spent on fetching water, cleaning the household and caring for family members. It eliminates the need for transportation and the risk of unsafe storage, reducing the risk of health problems such as musculoskeletal disorders and water-related diseases. States must prioritize water and sanitation provision to households not yet served and, in particular, those households where women and girls have the least adequate alternatives.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Water & Sanitation
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 46
- Paragraph text
- Worldwide, there are more possibilities for men than for women to relieve themselves outside the house. Examples include the plenty free-to-use urinals for men in the capital of the Netherlands. In India, public facilities for men outnumber those for women by up to 42 per cent. The construction of public urinals to tackle open urination by men is relatively easy, as such urinals do not need to have doors and locks, have no seat to turn up, generally use less water and are therefore a relatively cheaper solution. States must set targets to scale up adequate public sanitation facilities for women and girls.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Water & Sanitation
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 6
- Paragraph text
- The Special Rapporteur outlines several key points that require attention in order to achieve substantive gender equality. Gender equality and non-discrimination must be integrated in laws and policies and positive measures must be imposed to proactively remedy injustices. Progress towards gender equality in practice requires the identification of root causes of inequalities and the dismantling of structural barriers, taboos, stereotypes and social norms that prevent the equal enjoyment of rights on the basis of gender. Policies and special measures need to be adopted to tackle gender inequalities in practice and strengthen women's voice and participation. To ensure policies are implemented and progress is made, strong accountability and monitoring frameworks must be put in place. These will only be effective if women are systematically provided with opportunities for meaningful participation, decision-making and access to and control of resources.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 7
- Paragraph text
- Non-discrimination and equality are interlinked and are fundamental principles of international human rights law. Lack of access to adequate water, sanitation and hygiene and the inability to participate in their management have in many instances, on a structural basis, left many rights out of women and girls' reach. Laws serve to give individuals a legal claim, may create social expectations and may spur public action. Legal guarantees on gender equality and non-discrimination can help to build political legitimacy to back the enforcement of women's and girls' rights to access to water, sanitation and hygiene.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Girls
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 45
- Paragraph text
- Human rights law requires that sanitation facilities be reliably accessible to satisfy all needs throughout the day and the night, and meet the needs of their users. A lack of adequate facilities in public spaces often leads women and girls to avoid the public and both work and school life, particularly during menstruation, when they live with disabilities or suffer from incontinence.
- 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
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 12
- Paragraph text
- Non-State actors from both funder States and partner States often play an important role in development cooperation. In that connection, it is important to recall that, even when development cooperation in the water and sanitation sector passes through non-governmental organizations, States continue to possess an obligation to ensure that all instruments for delegation, including contracts, are in line with human rights standards, contribute to the realization of the rights to water and sanitation and guide the activities of non-State service providers (see A/HRC/15/31, para. 63 (f)).
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 15
- Paragraph text
- A human rights-based approach to development cooperation requires that the main objective should be to fulfil human rights; that policies and programmes identify rights-holders and their entitlements, as well as duty-bearers and their obligations, with the aim of strengthening the capacities of right-holders to claim their rights; and that human rights principles, notably the principles of equality and non-discrimination, accountability, access to information, participation and sustainability, be integrated into policies and programmes.
- 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
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 10
- Paragraph text
- On the one hand, States that are unable to fulfil their obligations with respect to economic, social and cultural rights have the obligation to formulate relevant plans and strategies, seek international cooperation as needed and utilize the assistance provided towards the realization of economic, social and cultural rights. On the other hand, States that are in a position to support other countries in realizing those rights have the obligation to provide necessary support through international assistance and cooperation in a manner consistent with their obligations to fulfil economic, social and cultural rights extraterritorially.
- 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
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 13
- Paragraph text
- Regarding the obligations of multilateral actors, the Committee stated that United Nations agencies and other international organizations should cooperate effectively with States parties, building on their respective expertise, in relation to the implementation of the right to water at the national level and that the international financial institutions should take into account the right to water in their lending policies, credit agreements, structural adjustment programmes and other development projects, so that the enjoyment of the right to water is promoted (see E/C.12/2002/11, para. 60). The Special Rapporteur is of the view that, since 164 States are parties to the International Covenant on Economic, Social and Cultural Rights as well as other relevant international human rights instruments, international financial institutions, regional banks and regional development organizations, all of which consist of Member States that have signed and ratified multiple human rights treaties, should respect, protect and facilitate the human rights to water and sanitation through their activities. It follows that, even when non-State actors operationalize development cooperation initiatives supported by multilateral funders, those funders may also be held accountable for complying with human rights obligations. In addition, international organizations are bound by all human rights that are part of international customary law, general principles of law and the human rights-related provisions in their constitutions. The latter are particularly applicable to United Nations specialized agencies given that they are bound by the Charter of the United Nations.
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 14
- Paragraph text
- Integrating human rights law and principles into development cooperation provides a clear legal framework for the human rights to water and sanitation that States have already recognized. In addition, the normative content of the human rights to water and sanitation and human rights principles offer guidance on who and what to prioritize in planning and programming international cooperation, as well as on how policies, programmes and interventions should take place. It is critical to use the language of the human rights to water and sanitation explicitly because, as stated by the Special Rapporteur on extreme poverty and human rights, the human rights language recognizes the dignity and agency of all individuals and is therefore intentionally empowering (see A/70/274, para. 65).
- 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
- Poverty
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 18
- Paragraph text
- Access to information allows people to meaningfully participate in decision-making and empowers them to claim their rights and hold duty-bearers accountable.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 15
- Paragraph text
- Substantive equality demands policy responses that address women's material and strategic needs. Therefore, next to women's practical necessities (including, for example, for menstrual hygiene management), gender-responsive measures by the State and interventions by non-State actors should challenge customary relationships of unequal power and control, as well as stereotypes, between genders. Owing to the disproportionate role that they play in domestic and caregiving responsibilities, for example, women are more affected by the absence of water, sanitation and hygiene. Meeting the material need for water, sanitation and hygiene may make it easier in many respects for women to perform the roles assigned to their gender, but it does not in and of itself lead to greater gender equality in relation to unpaid care work.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Water & Sanitation
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 16
- Paragraph text
- Worldwide, women perform unpaid jobs - mostly domestic and caregiving responsibilities - three times more than men do. Therefore, as caregivers, women are also more affected when family members get ill as a result of inadequate water, sanitation and hygiene. Women's disproportionate share of unpaid work makes them financially dependent on others and leaves them less time for education and paid work. This again reinforces gender-assigned roles and women's financial dependence on men, including in terms of their ability to pay for water, sanitation and hygiene services. In addition, States do not value or reflect unpaid domestic and care work in economic indicators. Any governmental or civil society approach that seeks to address gender inequalities needs to question existing social norms and develop measures to encourage men to share responsibilities with women.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Water & Sanitation
- Person(s) affected
- Families
- Men
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 66
- Paragraph text
- The ability to claim rights in front of the courts is important for changing social and cultural attitudes. The courts play a role in condemning practices that reinforce gender stereotypes and can require the State or third parties to adopt measures to address them. Recently, a group of students asked the Supreme Court of India whether menstruation could be a criterion for denying women of a certain age the right to enter a temple and worship in it. The Supreme Court addressed the following questions to the administration of the Sabarimala temple: "If men can go till a point (near the temple) without undertaking austere activities, why can't women go? … Are you associating menstruation with impurity? You are making a classification. Can a biological phenomenon be a reason for discrimination? All practices are acceptable till there is no distinction between genders."
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 71
- Paragraph text
- In the period 2011-2014, for a majority of least developed countries, funding allocated for large water supply systems was four times more than that allocated for large sanitation systems. The same proportion was observed when comparing basic water supply projects and basic sanitation systems. In many countries, the demand for sewerage has led to an increase in connections without due attention to proper wastewater treatment and disposal. Even in upper-middle income countries, it is estimated that wastewater from 75 per cent of households connected to sewerage is discharged without treatment into rivers, bays and the sea. However, that trend is not necessarily linear, since in many cities in Africa and Asia, city-wide solutions for water and sanitation seem to no longer receive priority. The bias towards water supply projects to the detriment of investments in sanitation, sometimes with insufficient attention to the sanitation chain, must be assessed from the human rights perspective. It is especially important to explore how that imbalance affects the enjoyment by the most disadvantaged of their rights to affordable and accessible water and sanitation services.
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 73
- Paragraph text
- The present report provides an exploratory and preliminary approach to analysing development cooperation in the water and sanitation sector between States and multilateral agencies, based on secondary data, published articles and responses to a questionnaire sent to several stakeholders. Some of the issues presented will require more thorough and in-depth research, to be performed through engagement with relevant funders and partner States, and will be addressed in a subsequent report to be submitted in 2017. That report will include, but will not be limited to, a review of experiences that illustrate the stakes involved in applying the human rights framework to development cooperation in the water and sanitation sector carried out by States, multilateral agencies and (possibly) non-governmental organizations. Given that information on those experiences will be essential in complementing and validating some of the information provided in the present report, the conclusions and recommendations herein must be considered with attention to their preliminary character.
- 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
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 73
- Paragraph text
- A project on gender-sensitive water monitoring, assessment and reporting that included several toolkits was initiated in the context of the World Water Assessment Programme. The toolkits show the difficulties inherent in using quantitative methods to capture the nuances of gendered power relations and the socioeconomic processes that create or sustain gender inequalities in access to water and sanitation. They also underscore that some women may attend meetings because regulations on participation tell them to do so but that cultural norms may keep them from speaking up or being listened to. It may therefore be useful to integrate quantitative data with qualitative methods, for meaning and interpretation. On the basis of the findings of qualitative surveys, other quantitative indicators can be developed to fill the gap left by previous indicators. Counting the number of heads at meetings may then be accompanied with indicators that include the number of contributions made in meetings by women and men and the percentage of decisions on water and sanitation adopted on the basis of those contributions.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Water & Sanitation
- Person(s) affected
- Men
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 47
- Paragraph text
- Human rights law requires that a sufficient number of sanitation facilities be available with associated services to ensure that waiting times are not unreasonably long. Many public facilities have an identical number of stalls for men and women, although in practice women and girls often have to wait in long lines to use the toilet, while men have much quicker access. The clothes women tend to wear and have to take off using the toilet require more time than for men, and women spend time assisting children using the toilet. Some States have adopted legislation in which equality requires a ratio of two women's cubicles for every cubicle provided for men.
- 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
- Children
- Girls
- Men
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 48
- Paragraph text
- Standards in regulations and building codes should include special needs for women and girls, and must be developed for schools, hospitals, the workplace, market places, places of detention and public transport hubs and public institutions, among other places. Standards should consider general menstrual hygiene needs, but also who the users are likely to be. Standards must subsequently be implemented, put in practice and accordingly be enforced at all levels. Everyone should be able to use the toilet corresponding to the person's gender identity and States must pay attention to the special needs of more vulnerable persons, including those with disabilities and the elderly.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 24
- Paragraph text
- Sociocultural norms, notions of "female modesty" and masculinity and stereotypes concerning gender-assigned roles, including of women as caretakers, translate into unequal opportunities, unequal power and control over finances and resources, as well as unequal household responsibilities. Where legislation and policies reflect stigmatizing attitudes, thereby institutionalizing and formalizing stigma, they must be repealed. States may design and implement, in collaboration with civil society, awareness-raising programmes to enhance positive and non-stereotypical portrayals of women. Initiatives should aim to reveal "invisible" social norms and power relations through a context-specific gender analysis. WaterAid, for example, has undertaken qualitative research to explore how the provision of water, sanitation and hygiene services has led to positive changes in gender roles and social relations among men and women .
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Men
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 25
- Paragraph text
- The Committee on the Elimination of Discrimination against Women has recommended using innovative measures targeting the media to enhance positive and non-stereotypical portrayals of women. Several attempts have been made to "break the silence" on menstruation through the use of various forms of social media. A recent Newsweek story highlighted the everyday struggle that women experience because of their menstrual cycle by showing a photograph of a tampon on the cover. A letter to the chief executive officer of Facebook from a student in New Delhi asking him to introduce a "on my period" button on the world's largest social network has received significant online attention. Awareness-raising campaigns to inform and change the mindsets and attitudes of both men and women should be designed using all available means, including the media, at the community level and in schools, with the participation of civil society.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Harmful Practices
- Person(s) affected
- Men
- Women
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 61
- Paragraph text
- The lack of consideration of country ownership in the process of development cooperation is a frequently raised issue. In that regard, the participation of Governments and civil society in partner countries in conceptualizing, implementing, monitoring and evaluating development policies, programmes and processes needs to be part of the processes of development cooperation. It is important to reiterate in that context that the right to active, free and meaningful participation and the right to information are key human rights principles.
- 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
- N.A.
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 17
- Paragraph text
- The principle of participation requires that national stakeholders have ownership and control over development in the processes of planning, implementation, monitoring and evaluation and assessment. Development is for the people. If their knowledge and expectations are not incorporated in the processes, development cooperation in the water and sanitation sector can never improve their access to water, sanitation and hygiene in a manner consistent with their human rights. National ownership is particularly crucial for the sustainability of development.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 26
- Paragraph text
- In 2014, loans and grants from OECD member States and multilateral agencies for the water and sanitation sector and the water resources sector were allocated as follows: 50 per cent for large water supply and sanitation activities; 28 per cent for water resources policy/administrative management, water resources protection, waste management/disposal and river basin development; and 22 per cent for basic drinking water supply and sanitation. Only 0.1 per cent was dedicated to education and training in water supply 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
- N.A.
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 77i
- Paragraph text
- [In line with the above, the Special Rapporteur recommends that States:] Ensure the gender-responsive water, sanitation and hygiene facilities are available in schools, hospitals, the workplace, market places, places of detention and public spaces like public transport hubs and public institutions, among other places. Laws and regulations must be developed, promoted and enforced and must serve to hold Governments and non-State actors to account;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 60
- Paragraph text
- Women are sometimes unable to participate in meetings because of cultural norms against women speaking on their own behalf or cannot talk about sanitation and menstrual hygiene management needs because of taboos or social norms. For example, a recent study on Myanmar revealed that leadership and politics were strongly associated with masculinity, which is why women who do attend meetings rarely speak up. A gender analysis lowers the risk of excluding women if special measures are taken accordingly, for example through specially targeted consultations such as women-only spaces. In carefully determining the location and meeting times and arranging transport, child care and translators, other barriers may be overcome. Any initiative that seeks to ensure the participation of women must also include a component of empowerment, including in economic terms, and address gender stereotypes.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Children
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 28
- Paragraph text
- In addition to risking physical violence, women and girls may also experience sanitation-related psychosocial stress, including fear of sexual violence. Women and girls who have limited access to sanitation facilities experience environmental barriers when they engage in water, sanitation and hygiene practices, including carrying water, managing menstruation, defecating and bathing, that contribute to that kind of stress. Examples include the fear of encountering snakes and mosquitos when walking to a defecation site, or the stress caused by social norms that view the fact of being seen by men while bathing as negative, among other issues. A better understanding of the range of causes of stress and adaptive behaviours is needed to inform context-specific, gender-sensitive water and sanitation interventions.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 65
- Paragraph text
- Water and sanitation provision can be susceptible to a strongly commercially oriented agenda, regardless of the private or public nature of the provider, given the good prospects for profitability under natural monopoly conditions. However, an unregulated, commercially oriented agenda often is not responsive to social welfare and human rights considerations more broadly. Therefore, such services require regulation that is specifically rooted in the principles and normative content of the human rights to water and sanitation. Rates must be fair and affordable. Service providers must be transparent, act in good faith, refrain from rent-seeking and be efficient and effective.
- 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
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 74
- Paragraph text
- A recent study underscored that gender-differentiated patterns are not the same everywhere and reinforced the importance of context for understanding the gender dimensions of access and experience. The quantity and quality of sex-disaggregated data at the micro level are considered to be better than those of data at the global level. It is therefore important that measuring progress in the rights to water and sanitation and gender equality is not based on global monitoring and on the use of quantitative data only. Context-specific studies and monitoring that capture the intersection of gender inequalities in the enjoyment of other human rights are key to understanding and developing improved policy responses.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 19
- Paragraph text
- Compounded gender stereotypes can have a disproportionately negative impact, in particular on the enjoyment of the human rights to water and sanitation, on certain groups of women, such as women with disabilities, women from minority or indigenous groups, women from lower caste groups and women of lower economic status. They may moreover become further compounded when they intersect with other forms of stigma or taboos, like those linked to menstruation and perimenopause, incontinence or childbirth-related complications, such as obstetric fistula. The power of stereotypes, stigmas, taboos and gender-assigned roles is such that persons sometimes do not claim their legal rights for fear or because of the pressure placed on them to conform to societal expectations. These deeply entrenched issues call for approaches that go beyond formal protection in the law.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Water & Sanitation
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 76
- Paragraph text
- Likewise, structural gender inequalities have an inevitable impact on the enjoyment of the rights to water and sanitation. Any approach to overcoming gender inequalities in respect of the rights to water and sanitation must therefore address women's strategic needs, including the eradication of harmful gender stereotypes, alongside interventions that focus on the implementation of women's material needs, such as adequate menstrual hygiene facilities. Although such a transformative approach that challenges social norms, stereotypes and intra-household patterns may take time, it is required in order to ultimately achieve gender equality in the enjoyment of 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
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 1
- Paragraph text
- Inequalities based on gender exist in every country and in all aspects of social life, and are echoed in the vast divides between men and women in their ability to access, manage and benefit from water, sanitation and hygiene. A large and growing body of studies suggests that women and men often have differentiated access, use, experiences and knowledge of water, sanitation and hygiene. Cultural, social, economic and biological differences between women and men consistently lead to unequal opportunities for women in the enjoyment of the human rights to water and sanitation, with devastating consequences for the enjoyment of other human rights and gender equality more generally.
- 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
- Men
- Women
- Year
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 59
- Paragraph text
- The existence of a human rights-based approach in the formulation of development cooperation projects and programmes appears to be more of an exception than a rule in the current policies of bilateral and multilateral funders.
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 75b
- Paragraph text
- [Regarding the High-level Panel on Water, the Special Rapporteur recommends that:] Participatory mechanisms be implemented that fully include relevant stakeholders in the decision-making process under the Panel's mandate.
- 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
- 2016
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 29
- Paragraph text
- The Special Rapporteur sent a questionnaire on the subject of development cooperation in the water and sanitation sector to relevant stakeholders. The 10 items on the questionnaire were designed to uncover good practices and help assess existing policies and their association with human rights. Nine States and nine civil society organizations and coalitions of individuals and entities submitted responses that were taken into consideration as part of the broader analysis of States and multilateral funders, which is presented in this section and other sections below.
- 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
- 2016
Paragraph