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The MDGs and the human rights to water and sanitation 2010, para. 3
- Paragraph text
- In the United Nations Millennium Declaration of September 2000, leaders from 189 nations embraced a vision for the world in which developed and developing countries would work in partnership for the reduction of extreme poverty. To provide a framework for measuring progress, the poverty reduction commitments in section III of the Declaration were subsequently broken down into eight Millennium Development Goals, 18 targets and 48 indicators. The Goals address many dimensions of poverty, such as income poverty, hunger, lack of education, disease and inadequate access to water and sanitation. They also place responsibility upon the international community to assist in areas including trade, aid and debt relief.
- 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
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 4
- Paragraph text
- Brevity and simplicity are among the Millennium Development Goals' main virtues. The Goals were not intended as a complete development strategy and should be interpreted in the context of broader global commitments, including those relating to human rights, as noted in the Millennium Declaration. The Millennium Development Goals are no panacea by themselves: no set of targets can be achieved in the absence of appropriate underlying institutions and public policies. While global goals are important for setting common benchmarks for progress, their application at the national level may require adaptation. Understood within these constraints, and contextualized and tailored in accordance with human rights standards and with national priorities and particularities, the Millennium Development Goals offer a framework for tracking human development progress, informing and monitoring public policy choices, identifying resource and capacity gaps and mobilizing needed financial flows, while contributing to the progressive realization of 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
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 5
- Paragraph text
- Target 7.C commits the international community to "halve, by 2015, the proportion of people without sustainable access to safe drinking water and sanitation". The indicator used is the "proportion of population using an improved drinking water source or improved sanitation facility, urban and rural". The term "improved" was not specified any further, but in practice is taken to refer to water sources or delivery points that, by nature of their construction and design, are likely to protect the water from outside contamination; and sanitation facilities that hygienically separate human excreta from human contact. The WHO/UNICEF Joint Monitoring Programme for Water Supply and Sanitation is the official United Nations mechanism tasked with monitoring progress towards the drinking water and sanitation target. The Joint Programme publishes estimates every two years on access to improved water sources and sanitation facilities worldwide, drawing data from household surveys and censuses.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 10
- Paragraph text
- The explanations for the insufficient progress towards the realization of the Millennium Development Goals are both context-specific and complex. Human rights do not provide all of the answers. However, there are a number of important ways in which the human rights framework may help fill critical analytical and implementation gaps in Millennium Development Goal-based strategies. The international human rights framework must be seen as the baseline commitment on global efforts to meet the Goals. While human rights embody legally binding obligations and need no instrumental justifications, there is increasing evidence that human rights-based approaches cannot only promote inclusive development processes, but also help to produce more equitable and sustainable development results. Enforceable socio-economic rights claims have been shown to have large-scale life-saving impacts.
- 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
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 12
- Paragraph text
- The first question concerns the scale of ambition embodied in the Goals. The targets on access to water and sanitation are set at a 50 per cent reduction in the lack of access by the year 2015. But international human rights obligations do not stop at 50 per cent reduction or any other arbitrary benchmark. Whatever time period may prove realistic, international human rights law requires that States ultimately aim for universal coverage within time frames tailored to the country situation. Achieving the global Millennium Development Goal targets would undoubtedly represent a great success for many countries; but it is important to keep in mind that this would still leave 672 million people without access to water and 1.7 billion people without access to sanitation in 2015. In that regard, some countries present notable examples. For instance, Bangladesh, Kenya and South Africa have set targets for access to water and sanitation that are higher than the global Millennium Development Goal targets, and Sri Lanka is aiming for universal access to water by 2025.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 14
- Paragraph text
- Human rights require that such national target-setting be undertaken with reference to an objective assessment of the national priorities and resource constraints within each country. This, in essence, is the meaning of the term "progressive realization", as enshrined in article 2(1) of the International Covenant on Economic, Social and Cultural Rights. States parties are under the obligation to progressively realize the rights to water and sanitation to the maximum of their available resources. States are required to move towards the goal of full realization as expeditiously and effectively as possible, within available resources and within the framework of international cooperation and assistance, where needed. This implies that all States - including those that have already reached the global Millennium Development Goal target - must continue to take steps to ensure the full realization of the human rights to sanitation and water. Reaching the Millennium Development Goal target must not be used as a justification for falling short of achieving universal access. In the process of achieving universal access, the Goals may provide relevant medium-term national benchmarks.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 26
- Paragraph text
- With regard to sanitation, the safety criterion is implicit in the Millennium Development Goal indicator insofar as avoiding contact with excreta is concerned, but the indicator does not refer to water necessary for personal hygiene. Moreover, the indicator is silent on the question of safe disposal of excreta, which in turn can affect water quality. Where the collection, treatment, disposal or re-use of excreta is not carried out with adequate care, leakage into groundwater, which is often a source of drinking water, may occur. Similarly, sewage from flush toilets that is not treated may end up in water used by downstream communities. In such cases, leakage of sewage from "improved" sanitation facilities then results in polluting water sources which are nevertheless considered "improved" sources under the Millennium Development Goal framework.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 32
- Paragraph text
- The above reasoning suggests that the Millennium Development Goal indicators reflect human rights criteria to a certain extent, but that human rights can bring important dimensions to targets and indicators based upon the Millennium Development Goals, helping to refine and expand them. When these additional criteria are factored in, a much bleaker picture emerges. While the extent of the gap is unknown, far more people than indicated by the figures measuring access to improved water sources and sanitation facilities do not have access to sufficient water and sanitation services that are safe, acceptable, accessible and affordable. Assessments carried out by the United Nations Human Settlements Programme demonstrate this by explicitly considering regularity and affordability as additional criteria. Another assessment highlights that access to safe water in urban areas is significantly lower in certain countries than the official figures for access to improved sources would suggest. Likewise, pilot studies by the Joint Monitoring Programme indicate that far from all water sources that are categorized as improved meet water quality standards.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 35
- Paragraph text
- Accountability begins with reliable, relevant and adequate data. It is critical to supplement the data sources used by the Joint Monitoring Programme with additional data sets that relate specifically to human rights standards. Indicators should reflect the human rights criteria of availability, safety, acceptability, accessibility (including reliability) and affordability. Generating such additional data sets might be viewed as a considerable opportunity cost, to the extent that these funds could otherwise be dedicated to water or sanitation programmes directly. But in the view of the independent expert, the "opportunity" far outweighs the "cost", not only in terms of focusing interventions on key bottlenecks and informing policymaking in the water and sanitation sectors, but also the very substantial multiplier effects this would bring for health, education, gender equality, education, nutrition and related human rights and Millennium Development Goals.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 37
- Paragraph text
- The global targets and indicators are generally formulated in terms of aggregate attainments. While the United Nations guidance on monitoring recommends gender as well as urban/rural disaggregation for all Millennium Development Goal indicators as far as possible, in practice the data are only disaggregated to a very limited extent. The indicators on water and sanitation are a notable exception. But even this is no panacea, as the distinction is often more administrative than real, particularly in peri-urban areas, and studies have found that in national surveys many urban slums are treated as rural areas. In other instances, the population of informal settlements does not appear at all in the statistics. The situation in urban slums, in particular, can therefore be assumed to be much bleaker than the official figures suggest.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 40
- Paragraph text
- Sadly, situations of systematic exclusion, deprivation and discrimination in relation to access to water and sanitation persist, even in many countries that are currently on track to achieve the Millennium Development Goals, as well as many middle-income and developed countries. The way the Goals are framed (almost exclusively being applied in developing countries) overlooks the problems of persistent pockets of poverty and marginalization in richer countries. In particular, a 50 per cent reduction is not nearly ambitious enough in many such contexts. Where countries have almost universal coverage, specific targets should be set to reach the groups that suffer from lack of access owing to discrimination and exclusion. In this regard, global targets must be translated into national and subnational targets and adapted to the specific context, given that regional, ethnic or income inequalities are often the driving force of such exclusion.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 42
- Paragraph text
- Further synergies between monitoring of the Millennium Development Goals and human rights monitoring will be critical for ensuring that development strategies based on the Goals are not targeted by default at the better-served populations for whom household data are more readily available (as distinct, for example, from informal settlements), thereby running the risk of entrenching existing inequalities. Strategies for the realization of access to water and sanitation should include targeted interventions, aiming at those who are most disadvantaged and harder to reach as a stepping stone towards universal service provision.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 51
- Paragraph text
- The indivisibility and interrelatedness principles strengthen the case for collaborative, intersectoral responses to problems concerning access to water and sanitation. The human rights framework requires that States plan over time towards the ultimate goal of universal water and sanitation coverage. This raises potentially difficult trade-offs in the short run, given the relatively high unit costs of getting to the "hardest to reach". However, these decisions should not be taken in isolation: a rigorous and informed rights-based situational analysis should reveal critical intersectoral linkages necessary for effective collaborative actions and sustained progress towards universal coverage. Whatever the financial and other difficulties involved in reaching the most excluded, there must at least be immediate planning in that direction, through "concrete, targeted and effective" steps.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 60
- Paragraph text
- Among many other suitable mechanisms, human rights impact assessments should be conducted more systematically in all fields of public policymaking, before, as well as during and following implementation. While there is no template for a human rights impact assessment, the principal elements should include (a) incorporating the human rights to water and sanitation in the explicit subject of the assessment; (b) identifying indicators for the assessment that are consistent with relevant international human rights standards; (c) focusing on people who are most excluded and marginalized along with responsible actors; (d) striving to ensure that the assessment, as far as possible, contributes to building the capacities of relevant national stakeholders; (e) ensuring that the process of carrying out the assessment respects human rights principles such as participation, non-discrimination, transparency and accountability; and (f) seeking to involve human rights mechanisms.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 62
- Paragraph text
- With these factors in mind, there is potential for the Millennium Development Goals and human rights to be seen as consistent and mutually reinforcing. Subject to necessary contextualization, the Goal targets can furnish appropriate benchmarks for monitoring an important subset of economic, social and cultural rights at the national level. Yet, the potential for constructive synergy has not materialized to any great extent in practice. Neither water nor sanitation, in particular, has yet been accorded the priority that is objectively warranted, if progress towards these and other closely related Millennium Development Goals is to be escalated and sustained. The present report has highlighted several areas where the human rights to water and sanitation can be integrated within national Millennium Development Goal monitoring and planning processes, as well as global goal-setting and target-setting processes, in order to redress some of the shortcomings and promote both legal and policy coherence.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 63g
- Paragraph text
- [In line with these conclusions, the independent expert recommends the following:] The formulation of new or revised global goals, targets and indicators and their adaptation at the national level must be guided by human rights standards and principles, including the normative content of the rights to water and sanitation, as well as non-discrimination, participation and accountability. In particular, future indicators must reflect the criteria of availability, safety, acceptability, accessibility (including reliability) and affordability in line with human rights standards;
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 19
- Paragraph text
- Generally speaking, the human rights obligations of States can be classified as obligations to respect, to protect and to fulfil. Obligations to respect require States to refrain from interfering with existing access. Obligations to protect take into account the role of third parties, requiring States to prevent such third parties from interfering with the enjoyment of human rights by others. Finally, obligations to fulfil call on States to adopt the necessary measures to enable and assist individuals to enjoy their human rights and to ensure direct provision as a last resort, when individuals are, for reasons beyond their control, unable to provide for themselves. States have to achieve the full realization of the rights to water and sanitation progressively. They are required to devote the maximum available resources and move towards it as expeditiously and effectively as possible, but do not have to achieve the full realization immediately.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 21
- Paragraph text
- When non-State actors are involved in service provision, there is a shift to a stronger focus on the obligation of the State to protect. At the same time, the obligation to fulfil retains its significance with the aim of creating an enabling environment. States have a duty to regulate and monitor providers that they involve in service delivery. Moreover, they may need to adopt supplementary measures depending on the circumstances, for instance to ensure the affordability of services. A comprehensive approach is needed: non-State service providers can be involved, but the State has the obligation to develop an overall (short, medium and long-term) strategy on how to fully realize the rights to water and sanitation. When the State does not directly provide services, its role nevertheless remains obligatory and critical.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 28
- Paragraph text
- Compared to other business activities, the provision of water and sanitation services is characterized by special features: the services relate directly to the fulfilment of human rights. While non-State actors are well positioned to positively contribute to the realization of the rights to sanitation and water through service provision, the activities of service providers, whether through their direct actions or through failure to live up to the mandate delegated to them, can also potentially result in abuses of the rights to water and sanitation. In this regard, their activities are intrinsically linked to the realization of human rights, and therefore they need to observe particular requirements in exercising due diligence.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 11
- Paragraph text
- Compared to the formal private sector, many more people are served by informal small-scale providers. It has been estimated that up to 25 per cent of the urban population in Latin America and almost 50 per cent of the urban population in Africa rely on small-scale providers to some extent. Apart from unprotected sources, such as rivers, poor households rely on a variety of private water vendors such as water truck, standpipe and kiosk operators and small-scale water delivery services, which often - although not always - operate on an informal basis. When other sources are unsafe, people also often depend on bottled water in particular for drinking purposes. Even more so than in the water sector, small-scale local entrepreneurs are of enormous significance in the provision of sanitation services. Sanitation for low-income households is often provided on site and multiple actors are involved, with activities ranging from constructing, maintaining and emptying latrines and septic tanks to managing public facilities and selling related products such as cleaners and soap.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 30
- Paragraph text
- [The challenges in the water and sanitation sector are huge. Many of these challenges are faced by all service providers, State and non-State, and thus this analysis may be relevant in a broader context. However, the present section retains a specific focus on situations where non-State service providers are involved, clarifying the obligations of States and the responsibilities of non-State actors in this context, since the human rights analysis changes when non-State actors become involved. By identifying the challenges in the context of water and sanitation service provision, it is hoped that concrete and practical guidance may be offered to States and service providers alike. Against the standard of the human rights to water and sanitation, a number of such challenges can be identified, including:] Reaching the poorest and most marginalized
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 30
- Paragraph text
- [The challenges in the water and sanitation sector are huge. Many of these challenges are faced by all service providers, State and non-State, and thus this analysis may be relevant in a broader context. However, the present section retains a specific focus on situations where non-State service providers are involved, clarifying the obligations of States and the responsibilities of non-State actors in this context, since the human rights analysis changes when non-State actors become involved. By identifying the challenges in the context of water and sanitation service provision, it is hoped that concrete and practical guidance may be offered to States and service providers alike. Against the standard of the human rights to water and sanitation, a number of such challenges can be identified, including:] Ensuring affordable 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 30
- Paragraph text
- [The challenges in the water and sanitation sector are huge. Many of these challenges are faced by all service providers, State and non-State, and thus this analysis may be relevant in a broader context. However, the present section retains a specific focus on situations where non-State service providers are involved, clarifying the obligations of States and the responsibilities of non-State actors in this context, since the human rights analysis changes when non-State actors become involved. By identifying the challenges in the context of water and sanitation service provision, it is hoped that concrete and practical guidance may be offered to States and service providers alike. Against the standard of the human rights to water and sanitation, a number of such challenges can be identified, including:] Avoiding disconnections in cases of 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
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 30
- Paragraph text
- [The challenges in the water and sanitation sector are huge. Many of these challenges are faced by all service providers, State and non-State, and thus this analysis may be relevant in a broader context. However, the present section retains a specific focus on situations where non-State service providers are involved, clarifying the obligations of States and the responsibilities of non-State actors in this context, since the human rights analysis changes when non-State actors become involved. By identifying the challenges in the context of water and sanitation service provision, it is hoped that concrete and practical guidance may be offered to States and service providers alike. Against the standard of the human rights to water and sanitation, a number of such challenges can be identified, including:] Ensuring the quality of services
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 42
- Paragraph text
- In cases where services are provided to previously unserved or underserved areas, the role of the water and sanitation service providers in contributing to the progressive realization of human rights becomes particularly obvious. Given that intrinsic link to the fulfilment of human rights, exercising due diligence to become aware of and address potential negative impacts is particularly important. That responsibility extends to detecting (de facto) discrimination, for instance where the scope of delegation excludes certain areas such as slums. What can reasonably be expected from non-State service providers depends on the context and the scale of operation. For instance, when becoming aware that certain targeted areas within or next to its area of operation are excluded from its contract, service providers should inquire about the broader Government strategy to determine whether these areas are provided with services by other operators. They should raise concerns about limited coverage with the State and engage proactively in order to avoid and address policies that would amount to discrimination.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 45c
- Paragraph text
- [Depending on the scale and expected impact of the decision and the size and capacity of the actor carrying out the assessment, the human rights impact assessment does not necessarily have to be very formal in nature. To facilitate the process, it could also be integrated with social or environmental impact assessments. While there is no agreed template for conducting a human rights impact assessment, some principal elements can be identified that should be taken into account:] The process of carrying out the assessment itself should be in line with human rights principles, including active, free and meaningful participation, non-discrimination, gender equality, transparency and accountability;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Gender
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 47d
- Paragraph text
- [One of the key roles of regulation is to set and monitor performance standards. The regulatory framework has to set specific standards for providers to comply with in line with the human rights to water and sanitation and the obligation to progressively realize these rights in particular with regard to:] Safety of sanitation facilities. Human, animal and insect contact with human excreta must be effectively prevented. Regular maintenance, cleaning and - depending on the technology - emptying is necessary to that extent. Sludge and sewerage must be properly disposed of to avoid negative impacts on water quality and human health;
- 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
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 47g
- Paragraph text
- [One of the key roles of regulation is to set and monitor performance standards. The regulatory framework has to set specific standards for providers to comply with in line with the human rights to water and sanitation and the obligation to progressively realize these rights in particular with regard to:] Affordability of services. Regulation also has to set standards regarding pricing. Water and sanitation services do not have to be provided for free and tariffs are necessary to ensure the sustainability of service provision. To meet human rights standards, the essential criterion is that tariffs and connection costs are designed in a way, including through social policies, that makes them affordable to all people, including those living in extreme poverty.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 50
- Paragraph text
- However, the overall policy framework governing these issues is within the purview of the State. Often, these decisions apply to a broader context than the area of operation of the provider in question. And most importantly, service providers lack the legitimacy to take such decisions. Yet, service providers should consider the human rights implications of different policy decisions, in particular, they should be aware of adverse implications of their activities. They can be expected to engage with the State authorities to ensure they are not indirectly contributing to human rights abuses. For instance, while non-State service providers do not determine tariff structures unilaterally, they can be involved and make suggestions on how to ensure that services are affordable, also to the poorest. Moreover, they can and should offer flexible payment schemes adapted to the needs of people living in poverty, such as phased connection charges, payment in instalments and grace periods.
- 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
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 63b
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- [The human rights framework does not call for any particular form of service provision. It is well established that, from a human rights perspective, States can opt to involve non-State actors in sanitation and water services provision. But the State cannot exempt itself from its human rights obligations and hence remains the primary duty-bearer. Therefore, also when involving other actors in services provision, the role of the State is crucial. The obligations of States and the responsibilities of non-State actors are complementary. The latter can and should support the State in the realization of human rights. In line with these conclusions, the independent expert offers the following recommendations:] States must not discriminate (de jure or de facto) against any groups or individuals in the provision of services, but rather adopt targeted measures to reach the most marginalized;
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph