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Affordability of water and sanitation services 2015, para. 20
- Paragraph text
- Limiting corruption requires focused efforts by States, regulatory bodies and service providers. Introducing a strong legal structure based on human rights can provide for anti-corruption measures such as strengthening transparency and accountability mechanisms. For instance, one city in South-east Asia recognized the importance of addressing corrupt practices in order to increase access to water and sanitation for the poor, and instituted specific measures, including focused training for employees, the establishment of public offices so that customers could pay their bills directly rather than going through bill collectors, and the introduction of meters for all connections.
- 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
- All
- Year
- 2015
Paragraph
Affordability of water and sanitation services 2015, para. 53
- Paragraph text
- Where States choose to adopt universal systems for subsidizing service provision, they need to ensure that these are truly universal rather than reaching only as far as networked provision does. Financing for universal access, and indeed the universal realization of human rights, does not necessarily require one universal system. On the contrary, in many countries it will mean additional approaches that are targeted to reach people beyond utility networks.
- 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
- 2015
Paragraph
Affordability of water and sanitation services 2015, para. 55
- Paragraph text
- In all cases, it is critical that any sort of public financing is transparent, clearly explained and widely promoted to ensure that those entitled to it receive it, to reduce the scope of corruption, and to analyse whether the mechanism has been effective.
- 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
- 2015
Paragraph
Affordability of water and sanitation services 2015, para. 72
- Paragraph text
- In determining mechanisms for allocating public financing and setting tariffs, participation, access to information and an active role in decision-making are essential. Such decisions translate into the prioritization of resource allocation. Most important from the perspective of human rights is that such participation includes the most marginalized and disadvantaged individuals and groups to ensure that measures are taken that actually reach the ones most in need of public financing. This relates to decisions at the national level concerning overall resource allocation as well as decisions at the local level, including on the prioritization between different parts of a municipality to ensure citywide service provision, including in informal settlements.
- 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
- 2015
Paragraph
Affordability of water and sanitation services 2015, para. 75
- Paragraph text
- The discussion on ensuring affordability has repeatedly pointed out the crucial role of regulation and monitoring.
- 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
- 2015
Paragraph
Affordability of water and sanitation services 2015, para. 76
- Paragraph text
- Ensuring the affordability of water and sanitation services requires an effective legal and policy framework, which includes a strong regulatory system. The International Water Association Lisbon Charter recognizes the importance of regulation, recommending that regulators "supervise tariff schemes to ensure they are fair, sustainable and fit for purpose; promoting efficiency and affordability".
- 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
- 2015
Paragraph
Affordability of water and sanitation services 2015, para. 89
- Paragraph text
- The Special Rapporteur encourages States and international organizations to further explore options for global monitoring that allow for more comprehensive monitoring of affordable access to 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
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 14
- Paragraph text
- Ensuring access to justice for victims of a State's failure to meet any of its obligations is critical to guaranteeing that judicial and quasi-judicial mechanisms do not reinforce patterns of systemic inequality and deprivation, or exclude some of the most egregious human rights violations. The Optional Protocols to the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities provide that any failure to comply with human rights obligations, including obligations to progressively realize economic, social and cultural rights, constitutes a violation.
- 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
- All
- Year
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 27
- Paragraph text
- Failures to protect rights 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 that fail to protect users' rights. Violations may occur when States (a) fail to effectively regulate and control service providers in relation to safety, quantity, conditions of service or disconnections; (b) fail to regulate pricing to ensure that services are affordable for everyone; (c) fail to prevent discrimination by private actors; (d) fail to ensure that service providers extend services to marginalized households or communities; (e) fail to require provision of reasonable accommodation of disability or extenuating circumstances; or (f) fail to ensure that monitoring and complaints procedures are in place.
- 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
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 28
- Paragraph text
- One example of enforcing the obligation to protect is an Argentine case in which the court prohibited a private company from disconnecting the water supply due to non-payment, relying on the International Covenant on Economic Social and Cultural Rights (art. 11) and other human rights instruments, which are directly applicable in Argentina. The Greek Council of State recently blocked the planned privatization of the Athens Water Supply and Sewerage Company, arguing that it could put public health at risk due to the anticipated deterioration of water and sanitation quality.
- 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
- N.A.
- Year
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 32
- Paragraph text
- Independently of State obligations to protect vis-à-vis non-State actors, the latter also have human rights responsibilities and may be held accountable for failures. Under the United Nations Guiding Principles, businesses have a responsibility to respect human rights and to exercise due diligence to avoid any action which would result in human rights abuses in the scope of their operations, including their supply chain. If non-State actors abuse human rights, victims must be ensured access to justice.
- 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
- All
- N.A.
- Year
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 33
- Paragraph text
- International organizations may also contribute to the perpetration of violations, which calls for enhanced accountability. Article 55 (c) of the Charter of the United Nations stipulates that the United Nations shall promote "universal respect for, and observance of, human rights and fundamental freedoms for all". It would go against the very object and purpose of the Charter if the United Nations itself were not required to respect the human rights law it promotes.
- 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
Common violations of the human rights to water and sanitation 2014, para. 34
- Paragraph text
- The United Nations Stabilization Mission in Haiti has come under scrutiny for its role in the cholera epidemic in Haiti in the aftermath of the 2010 earthquake. The epidemic killed over 8,500 people, sickened more than 700,000 and is still ongoing. It has been alleged that the cholera was brought in by peacekeepers and that it spread because of haphazardly constructed sanitation facilities that leaked sewage into a river that was an important source of drinking water. The United Nations has rejected the accusations and claimed immunity based on the Convention on the Privileges and Immunities of the United Nations, but United Nations human rights representatives are increasingly calling on the United Nations to establish responsibility. The Independent Expert on Haiti has stressed the need "to assure the Haitian people that the epidemic will be halted as soon as possible and that full reparation for damages will be provided". He called for clarification of the facts and for realization of the right to a remedy, arguing that the "United Nations should be the first to honour these principles" and that "silence is the worst response". The United Nations High Commissioner for Human Rights called for an investigation by the United Nations and the country concerned, and called for "those who suffered as a result of that cholera be provided with compensation". The Special Rapporteur wishes to emphasize the obligation to investigate the allegations in order to establish responsibility for any violations and to ensure the alleged victims' right to a remedy, including compensation, if warranted. She welcomes the commitment by the United Nations to eradicate the disease in Haiti and urges it to meet that commitment by providing adequate resources. She further calls on the United Nations to establish appropriate accountability mechanisms for ongoing and future missions as well as to review and reinforce measures for adequate sanitation and preventive measures.
- 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
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 36e
- Paragraph text
- [Violations of the obligation to fulfil can be grouped in the following categories:] Failure to prioritize the necessary steps to ensure minimum essential levels of access 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
- N.A.
- Year
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 38
- Paragraph text
- Violations may result from failure: (a) to design and implement a strategy based on human rights standards and principles; (b) to identify and meet targets in line with human rights standards; (c) to ensure effective monitoring and accountability; and (d) to target vulnerable or marginalized communities.
- 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
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 39
- Paragraph text
- A seminal decision on the obligation to progressively realize socioeconomic rights is that taken in the Grootboom case, in which the Constitutional Court of South Africa considered the plight of a community lacking basic shelter, sanitation facilities and access to clean water. To determine whether the State had complied with the obligation of progressive realization, the Court applied a standard of "reasonableness". It held that a reasonable programme must: be comprehensive, coherent and coordinated; be capable of facilitating the realization of the right; prioritize the needs of those in the most desperate situations; make appropriate financial and human resources available; be balanced and flexible; make appropriate provision for short-, medium- and long-term needs; be reasonably conceived and implemented; and be transparent. Through that approach, the Court clarified that, while it is the role of the Government to determine precise policies and programmes, it is the proper role of courts to assess whether policies and programmes are in compliance with human rights. In Grootboom, the Court found that the State's programmes failed to address as a priority the circumstances of those in the most desperate situations, and required the Government to take measures to correct this.
- 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
Common violations of the human rights to water and sanitation 2014, para. 68
- Paragraph text
- Article 25 (a) of the International Covenant on Civil and Political Rights provides for the right to participate in public affairs. Participation must be active, free and meaningful. While it is often stressed that participation has significant instrumental value in ensuring more sustainable results, participation is a human right in itself, and non-compliance with the relevant human rights obligations may give rise to violations. Such violations may arise from direct denial of participation as well as indirect, by failure to take reasonable steps to facilitate participation, including by ensuring the right to access to information.
- 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
Common violations of the human rights to water and sanitation 2014, para. 73
- Paragraph text
- The purpose of a more focused consideration of violations of the rights to water and sanitation is to promote more concerted action to ensure access to justice. The Committee on Economic, Social and Cultural Rights points out that "all victims of violations of the right to water should be entitled to adequate reparation, including restitution, compensation, satisfaction or guarantees of non-repetition".
- 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
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 74
- Paragraph text
- The Special Rapporteur emphasizes a remedial rather than punitive approach. While it is important in some cases to hold those responsible for violations accountable for their actions, the general focus should be on what needs to be done to remedy violations and on who is responsible for remedying violations, rather than on who is to blame. The Special Rapporteur emphasizes that initiatives to better identify and remedy violations of human rights should not be seen as adversarial or undermining of constructive dialogue. The rights and interests of rights holders must be the focus of remedying violations. As such, access to justice for violations of the rights to water and sanitation can serve to equalize power dynamics.
- 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
Common violations of the human rights to water and sanitation 2014, para. 75
- Paragraph text
- International mechanisms for identifying, adjudicating and remedying violations offer important opportunities for developing clearer understanding of violations and appropriate remedies. Inquiry mechanisms allow the treaty bodies to act at their own initiative and offer an innovative tool to address systemic violations of rights and situations where victims are unable to seek remedies. However, international bodies can only intervene in a few cases, when national remedies have been exhausted or are not available or effective, and the record of implementation of their decisions is not strong. Most of the work in identifying and remedying violations must be accomplished by domestic institutions. It is at the domestic level that laws and policies can be better influenced through civil society participation and be more context-specific, and where there is a better record of implementation of judicial decisions.
- 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
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 76
- Paragraph text
- While courts in many jurisdictions are amenable to litigation challenging human rights violations, access to justice should not generally rely on litigation. States must ensure that water and sanitation services are provided within a context of clear rules. They must adopt measures to prevent human rights violations, for instance through carrying out human rights impact assessments. Where violations are being alleged, dispute and complaint mechanisms should be available with the aim of resolving issues quickly and efficiently. Where human rights violations are not adequately addressed, individuals must be able to proceed to court. Being able to turn to the courts - as a last resort - is an essential component of ensuring access to justice. Violations of the rights to water and sanitation have generally been dealt with more effectively in States where constitutional and legislative protections guarantee that those rights are directly or indirectly justiciable. In States where this is not yet the case, courts and governments should be guided by international developments and recognize the rights to water and sanitation as justiciable. Governments should promote the use of international law in interpreting domestic law.
- 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
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 78
- Paragraph text
- Given this context, the notion of restorative remedies for violations, whereby the status quo ante is restored, may fall short of addressing the underlying violations at the structural or systemic level. Consequently, transformative remedies, which aim not only to correct direct violations but also the underlying structural conditions, are required in order to provide comprehensive remedies to structural and systemic violations. Examples of such transformative remedies are participatory structural injunctions that require the State to adopt a plan to correct a structural violation with the meaningful participation of beneficiaries and report back to the court on progress made. This allows courts to supervise progress and make ancillary orders to ensure that both the process and outcomes are consistent with the rights to water and sanitation. As such, transformative remedies can move claimants further towards the full enjoyment of human rights. Without such remedies, there is a risk that access to justice will be limited to those people who are in a position to seek remedies for themselves and will preclude claims in the public interest. States may need to ensure that their constitutional and legislative frameworks clearly give their judicial systems the responsibility to provide systemic remedies and to accept complaints in the public interest.
- 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
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
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
Common violations of the human rights to water and sanitation 2014, para. 82l
- 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 failure to ensure access to remedies.
- 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
Common violations of the human rights to water and sanitation 2014, para. 83a
- 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:] Recognize the full range of violations of the rights to water and sanitation and ensure access to justice for all such violations;
- 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
Common violations of the human rights to water and sanitation 2014, para. 83d
- 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 the rights to water and sanitation are taken account of in administrative decisions interpreting legislation and exercising any discretion conferred by relevant legislation;
- 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
- 2014
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
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
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