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Planning for the realization of the rights to water and sanitation 2011, para. 83d
- Paragraph text
- [The human rights framework puts a strong emphasis on accountability. Legal frameworks provide the basis for accountability by allowing people to base their claims on legally binding entitlements. These should be complemented by targets backed by relevant and reliable data and reflecting State commitment for which Governments can be held accountable. In this regard:] Where service provision is decentralized, the State must set minimum standards at the national level in order to ensure coherence and countrywide compliance with human rights. As part of the State, local authorities are also bound by human rights law. States must regulate the activities of local governments, and monitor and control their performance in order to ensure that they comply with international human rights obligations. Moreover, States must ensure that these authorities have the necessary financial, human and other resources to effectively discharge their responsibilities. Clear allocation of responsibilities between levels of government is crucial;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 82b
- Paragraph text
- [The human rights framework requires a coherent and comprehensive approach to planning that emphasizes the underlying structural causes and systemic biases for the lack of access to water and sanitation. It requires considering how laws, social norms, traditional practices and institutional structures and actions affect access. As such, the human rights framework helps to not only cure the symptoms, that is, the lack of access, but aims at addressing the underlying reasons, leading to more sustainable results. In this regard:] Strategies and plans must be developed through a participatory and inclusive process ensuring, in particular, that disadvantaged, marginalized and vulnerable people and communities are represented. Participation must go beyond mere information sharing and superficial consultation, and provide real opportunities for influence throughout the planning process;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 83h
- Paragraph text
- [The human rights framework puts a strong emphasis on accountability. Legal frameworks provide the basis for accountability by allowing people to base their claims on legally binding entitlements. These should be complemented by targets backed by relevant and reliable data and reflecting State commitment for which Governments can be held accountable. In this regard:] States must put into place mechanisms and remedies to hold the relevant actors accountable for following the plan and achieving the targets it has set;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 83j
- Paragraph text
- [The Special Rapporteur therefore focuses her recommendations on how to more effectively ensure that violations are identified, prevented and remedied, with an emphasis on those areas which have been most neglected. She recommends that States:] Provide comprehensive information in their periodic reports to treaty-monitoring bodies, the universal periodic review process and relevant regional mechanisms for the prevention of violations of the human rights to water and sanitation;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 83c
- Paragraph text
- [The human rights framework puts a strong emphasis on accountability. Legal frameworks provide the basis for accountability by allowing people to base their claims on legally binding entitlements. These should be complemented by targets backed by relevant and reliable data and reflecting State commitment for which Governments can be held accountable. In this regard:] States should clearly identify and designate the ministry or ministries and department(s) responsible for the planning process and implementation, including a coordination 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
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 63o
- Paragraph text
- [The human rights framework does not call for any particular form of service provision. It is well established that, from a human rights perspective, States can opt to involve non-State actors in sanitation and water services provision. But the State cannot exempt itself from its human rights obligations and hence remains the primary duty-bearer. Therefore, also when involving other actors in services provision, the role of the State is crucial. The obligations of States and the responsibilities of non-State actors are complementary. The latter can and should support the State in the realization of human rights. In line with these conclusions, the independent expert offers the following recommendations:] States should ensure that economic, social and cultural rights, including the rights to sanitation and water, are justiciable before national courts and other accountability mechanisms. They must ensure access to justice in practical terms, including physical and economic access on an equitable basis;
- 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
- All
- N.A.
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 82c
- Paragraph text
- [The human rights framework requires a coherent and comprehensive approach to planning that emphasizes the underlying structural causes and systemic biases for the lack of access to water and sanitation. It requires considering how laws, social norms, traditional practices and institutional structures and actions affect access. As such, the human rights framework helps to not only cure the symptoms, that is, the lack of access, but aims at addressing the underlying reasons, leading to more sustainable results. In this regard:] States must ensure transparency throughout the planning process, making relevant information, including on existing policies and measures, and expert advice on available technical options, as well as drafts of the plan, publicly available in all relevant languages via multiple channels to ensure accessibility.
- 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
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 83a
- Paragraph text
- [The human rights framework puts a strong emphasis on accountability. Legal frameworks provide the basis for accountability by allowing people to base their claims on legally binding entitlements. These should be complemented by targets backed by relevant and reliable data and reflecting State commitment for which Governments can be held accountable. In this regard:] States must review existing legislation to detect gaps and to assess whether the existing legislative framework is in line with the rights to water and to sanitation. Where legislation is found to be inconsistent, it must be repealed, amended or adapted to meet 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
- All
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 83e
- Paragraph text
- [The human rights framework puts a strong emphasis on accountability. Legal frameworks provide the basis for accountability by allowing people to base their claims on legally binding entitlements. These should be complemented by targets backed by relevant and reliable data and reflecting State commitment for which Governments can be held accountable. In this regard:] International organizations and donor agencies should support strong national planning processes through initiatives, such as Sanitation and Water for All, that help to overcome capacity constraints, but should not drive the process. They should support the coordination process, capacity-building and institutional strengthening, including at the local level, to ensure that institutions can properly fulfil their responsibilities and are accountable to the population, including with regard to preventing and fighting corruption;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 79
- Paragraph text
- The human rights framework requires States to prioritize the most marginalized, and to ensure their access to information, empowerment and effective participation. States must identify challenges, duty bearers and solutions through bottom-up local diagnostics, ensure accountability and tie any measures taken to substantive human rights standards. This process is as essential in combating stigma as the substantive parameters it hinges upon. The process of having the conversation, of including people in the discussion, and finding solutions together, has the potential to effect shifts in attitudes and behaviours and to lead to lasting and transformative changes.
- 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
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 91e
- Paragraph text
- [States must take the following measures:] States must ensure access to justice where the human right to participation has been violated.
- 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
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 82a
- Paragraph text
- [The human rights framework requires a coherent and comprehensive approach to planning that emphasizes the underlying structural causes and systemic biases for the lack of access to water and sanitation. It requires considering how laws, social norms, traditional practices and institutional structures and actions affect access. As such, the human rights framework helps to not only cure the symptoms, that is, the lack of access, but aims at addressing the underlying reasons, leading to more sustainable results. In this regard:] States should ensure the sustainability of investments by not only focusing on infrastructure, but also ensuring operation and maintenance, the institutional and managerial structure, including regulation, and structural measures, including increasing capacity;
- 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
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 83g
- Paragraph text
- [The human rights framework puts a strong emphasis on accountability. Legal frameworks provide the basis for accountability by allowing people to base their claims on legally binding entitlements. These should be complemented by targets backed by relevant and reliable data and reflecting State commitment for which Governments can be held accountable. In this regard:] To enable monitoring, States should develop indicators reflecting the human rights criteria of the availability, quality, acceptability, accessibility and affordability of water and sanitation. Such indicators should be designed not only to measure the outcome in terms of access figures, but also capture the progress made and Government efforts. States should make better use of existing data and, where lack of relevant and reliable data provides a constraint, States should strengthen their capacity;
- 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
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 83i
- Paragraph text
- [The human rights framework puts a strong emphasis on accountability. Legal frameworks provide the basis for accountability by allowing people to base their claims on legally binding entitlements. These should be complemented by targets backed by relevant and reliable data and reflecting State commitment for which Governments can be held accountable. In this regard:] States must implement measures to overcome obstacles in access to justice, such as prohibitive costs, language requirements, requirements of representation and geographic location of the courts and other mechanisms.
- 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
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 82e
- Paragraph text
- [In line with the above, the Special Rapporteur offers the following recommendations:] States must put in place accountability mechanisms and ensure access to justice where stigmatization results in human rights violations. Mechanisms must be in place to investigate violations and punish perpetrators. States must also provide for redress at the individual level, including restitution, compensation, satisfaction and/or guarantees of non-repetition. States must guarantee access to justice in practice by ensuring that mechanisms are accessible, affordable, timely and effective.
- 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
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 82a
- Paragraph text
- [To emphasize a comprehensive understanding of violations of the human rights to water and sanitation resulting from failure to meet any human rights obligation, the Special Rapporteur stresses that:] Violations may result from action or failure to act;
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 63a
- Paragraph text
- [In line with these conclusions, the independent expert recommends the following:] States are encouraged to adapt, tailor and contextualize Millennium Development Goals at the national level, in a way that ensures respect for human rights, on the basis of an objective assessment of national priorities and resource constraints. States must take deliberate, concrete and targeted steps to progressively realize the rights to water and sanitation and corresponding development targets as expeditiously and effectively as possible. Ultimately, they must aim for universal access 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
- All
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 81e
- Paragraph text
- [Human rights law provides a framework for ambitious, but realistic planning. While the ultimate goal must be universal coverage, the notion of progressive realization tailors this goal to the country situation and allows for the time frame that proves to be realistic in a given context. States must go to the maximum of available resources in the realization of the rights to water and to sanitation, turning to international assistance where needed. Progressive realization also implies gradually higher levels of service. In line with this:] States must ensure financing to the maximum of available resources for the implementation of the rights to water and to sanitation. Adequate financing must ensure that water and sanitation systems are sustainable, while services are affordable to 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
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 83b
- Paragraph text
- [The human rights framework puts a strong emphasis on accountability. Legal frameworks provide the basis for accountability by allowing people to base their claims on legally binding entitlements. These should be complemented by targets backed by relevant and reliable data and reflecting State commitment for which Governments can be held accountable. In this regard:] Laws and regulations should provide clear definitions of standards for service delivery, covering the normative dimensions of availability, quality, acceptability, accessibility and affordability;
- 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
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 92b
- Paragraph text
- [Further, States and other stakeholders should take the following measures:] United Nations treaty bodies, the special procedures of the Human Rights Council, other international mechanisms and regional mechanisms should pay increasing attention to the right to participation. The Special Rapporteur sees a need for standard-setting on the right to participation, e.g., through the elaboration of general comments on the right to participation in the context of civil, cultural, economic, political and social rights. She also encourages the Human Rights Council to address participation;
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 87
- Paragraph text
- Participation is a human right and States have corresponding obligations to ensure participation. Participation is essential for democracy and people's autonomy, agency and dignity. Yet, the human right to participation has not yet received the necessary attention and implementation has lagged. While there are excellent practices that ensure participation, these appear to be isolated rather than institutionalized. Participation is not a one-off exercise, but a continuous process that must be embedded in the political culture.
- 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
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 83l
- Paragraph text
- [The Special Rapporteur therefore focuses her recommendations on how to more effectively ensure that violations are identified, prevented and remedied, with an emphasis on those areas which have been most neglected. She recommends that States:] Ensure that civil society organizations working to address violations of the rights to water and sanitation are properly resourced, have access to relevant information and can participate in decision-making processes.
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Financing for the Realization of the Rights to Water and Sanitation 2011, para. 76
- Paragraph text
- The Special Rapporteur encourages donor States, non-governmental organizations and international organizations to ensure that their policies, programmes and projects support efforts towards more coordinated and transparent funding of the water and sanitation sectors.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 92c
- Paragraph text
- [Further, States and other stakeholders should take the following measures:] Civil society organizations, national human rights institutions, community-based organizations and others should contribute to promoting active, free and meaningful participation of all people concerned and support people to participate in 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
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 82i
- Paragraph text
- [To emphasize a comprehensive understanding of violations of the human rights to water and sanitation resulting from failure to meet any human rights obligation, the Special Rapporteur stresses that:] Violations of the obligation to achieve substantive equality may result from the failure to take positive measures necessary to address pre-existing inequality or to provide reasonable accommodation;
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 84b
- Paragraph text
- [The Special Rapporteur recommends that the United Nations treaty-monitoring bodies and regional human rights mechanisms:] Ensure that complaints procedures are applied so as to ensure access to justice, including both restorative and transformative remedies, for the comprehensive range of violations 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
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 85
- Paragraph text
- The Special Rapporteur recommends that non-State actors comply with their responsibility to respect human rights, that they be held accountable for human rights abuses, allow for an independent investigation into allegations, establish complaint mechanisms and proactively engage with the State to detect, and find solutions to address existing and potential human rights abuses .
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Sustainability and non-retrogression in the realisation of the rights to water and sanitation 2013, para. 86b
- Paragraph text
- [In line with the above, the Special Rapporteur recommends that States:] Strengthen national capacity for coordination and integrated planning, and ensure that both domestic and external resources are better consolidated to enable the State to target resources better and ensure the maximum use of available resources;
- 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
- All
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Sustainability and non-retrogression in the realisation of the rights to water and sanitation 2013, para. 86l
- Paragraph text
- [In line with the above, the Special Rapporteur recommends that States:] Put in place accountability mechanisms at the national and international levels to deal with unsustainable and retrogressive practices in the areas of water and sanitation;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph