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The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 24
- Paragraph text
- Although the Convention designates "racial or ethnic groups or individuals requiring … protection" (article 1, paragraph 4), and "racial groups or individuals belonging to them" (article 2, paragraph 2), as the beneficiaries of special measures, the measures shall in principle be available to any group or person covered by article 1 of the Convention, as clearly indicated by the travaux préparatoires of the Convention, as well as by the practice of States parties and the relevant concluding observations of the Committee.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2009
Paragraph
Article 10: Humane treatment of persons deprived of their liberty - replaces general comment 9 (Annex VI, B) 1993, para. 13
- Paragraph text
- Moreover, the Committee notes that in the reports of some States parties no information has been provided concerning the treatment accorded to accused juvenile persons and juvenile offenders. Article 10, paragraph 2 (b), provides that accused juvenile persons shall be separated from adults. The information given in reports shows that some States parties are not paying the necessary attention to the fact that this is a mandatory provision of the Covenant. The text also provides that cases involving juveniles must be considered as speedily as possible. Reports should specify the measures taken by States parties to give effect to that provision. Lastly, under article 10, paragraph 3, juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status insofar as conditions of detention are concerned, such as shorter working hours and contact with relatives, with the aim of furthering their reformation and rehabilitation. Article 10 does not indicate any limits of juvenile age. While this is to be determined by each State party in the light of relevant social, cultural and other conditions, the Committee is of the opinion that article 6, paragraph 5, suggests that all persons under the age of 18 should be treated as juveniles, at least in matters relating to criminal justice. States should give relevant information about the age groups of persons treated as juveniles. In that regard, States parties are invited to indicate whether they are applying the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, known as the Beijing Rules (1987).
- Legal status
- Non-negotiated soft law
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 1993
Paragraph
The right to inclusive education 2016, para. 53
- Paragraph text
- States parties must take effective measures, to provide habilitation and rehabilitation services within the education system, including healthcare, occupational, physical, social, counselling and other services (article 26). Such services must begin at the earliest stage possible, adopt a multidisciplinary assessment of a student's strengths, and support maximum independence, autonomy, respect of dignity, full physical, mental, social and vocational ability and inclusion and participation in all aspects of life. The Committee stresses the significance of supporting the development of community-based rehabilitation, that addresses early identification, and peer support.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 13
- Paragraph text
- There are different types of albinism. The most common and visible type is oculocutaneous albinism (OCA), which affects the skin, the hair and the eyes. Within this type, there are subtypes, which reflect varying degrees of melanin pigment deficiency in an individual. The main subtypes of OCA are tyrosinase negative albinism (OCA1) and tyrosinase positive albinism (OCA2). In OCA1, there is little or no production of melanin and it is often characterized by white hair and opaque or transparent irises. In the more prevalent, particularly in African countries, OCA2, some melanin is produced and it is characterized by yellow-blonde or sandy-coloured hair and grey to light brown irises. A less common form of albinism is ocular albinism which affects the eyes alone, while albinism accompanied by Hermansky-Pudlak syndrome is another less common form, which is characterized by bleeding disorders, bowel (colitis) and lung diseases.
- Legal status
- Non-negotiated soft law
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2016
Paragraph
The right of persons with disabilities to social protection 2015, para. 55
- Paragraph text
- While the ultimate goal is to achieve a universal and systematic approach to social protection, in many middle- and low-income countries non-contributory
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2015
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 44
- Paragraph text
- It is now widely recognized that having a home language that differs from that used in schools has a negative impact on achievement, learning and integration into the wider community. Policy and pedagogic responses require host-language training combined with the preservation of mother tongue. This requirement was recognized in many questionnaire responses. The Special Rapporteur concurs with those who view diversity in language within a State as a national resource and invites States to promote such diversity and accord it full recognition.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2010
Paragraph
Equality of opportunity in education 2011, para. 42
- Paragraph text
- The need to “identify steps to strengthen and harmonize, where necessary, the legislative framework within which the right to education is guaranteed” was recognized at various stages of the EFA process. As a consequence, a large number of countries have also developed or modernized their national legislation. Such laws establish the right to basic education, and include provisions on non-discrimination and equality of opportunity in education. This further demonstrates the importance accorded to the equality of opportunity in education in national legal systems. Moreover, in some countries, the regulatory frameworks for private educational institutions have also been developed as part of national legal frameworks protecting equal opportunities in education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2011
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 65
- Paragraph text
- In some economically developed States, Internet access has been recognized as a right. For example, the parliament of Estonia passed legislation in 2000 declaring Internet access a basic human right. The constitutional council of France effectively declared Internet access a fundamental right in 2009, and the constitutional court of Costa Rica reached a similar decision in 2010. Going a step further, Finland passed a decree in 2009 stating that every Internet connection needs to have a speed of at least one Megabit per second (broadband level). The Special Rapporteur also takes note that according to a survey by the British Broadcasting Corporation in March 2010, 79% of those interviewed in 26 countries believe that Internet access is a fundamental human right.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2011
Paragraph
The protection of sources and whistle-blowers 2015, para. 17
- Paragraph text
- Confidential sources rely on others to invoke the right to confidentiality on their behalf. Historically, States have enabled a professional class of journalists to invoke the right, but the revolution in the media and in information over the past 20 years demands reconsideration of such limitations. Article 19, which protects freedom of expression through any media, requires that States take into account a contemporary environment that has expanded well beyond traditional print and broadcast media. The protection available to sources should be based on the function of collection and dissemination and not merely the specific profession of "journalist". The practice of journalism is carried out by "professional full-time reporters and analysts, as well as bloggers and others who engage in forms of self-publication in print, on the Internet or elsewhere" (Human Rights Committee, general comment No. 34, para. 44).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2015
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 20
- Paragraph text
- [International human rights instruments that protect the rights of particular groups specifically recognize directly or indirectly the rights to freedom of peaceful assembly and of association for those groups:] In relation to non-nationals, the Committee on the Elimination of Racial Discrimination recognizes that States may require non-citizens to have work permits in order to be eligible for job offers. However, all individuals are entitled to the enjoyment of labour and employment rights, including the freedom of assembly and association, once an employment relationship has been initiated until it is terminated.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Equality & Inclusion
- Year
- 2014
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 102
- Paragraph text
- The Organization for Security and Cooperation in Europe-Venice Commission Guidelines on Freedom of Peaceful Assembly affirm that "assemblies are as legitimate uses of public space as commercial activity or the movement of vehicular and pedestrian traffic". This principle should be taken into account in weighing restrictions on assemblies. Yet, in the Special Rapporteur's experience, the authorities are more likely to restrict protests and demonstrations (expressive gatherings more often organized by associations) for reasons of the disruption of traffic and commercial activity and the protection of property, than commercial events that cause similar disruption. Concerns have been raised about the implementation of a crowd-control policy in the city of Oakland, United States, where law enforcement officials reportedly restrict night-time protests, purportedly to prevent violence and protect property from vandalism. By contrast, a parade to celebrate a sports team victory received considerably more accommodation from the Oakland authorities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2015
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 28
- Paragraph text
- States are also obliged to protect against infringement of the right to health by third parties. In States where abortion is prohibited, public health and safety regulations regarding abortion, such as provisions for the training and licensing of health-care workers, cannot exist, thus increasing the potential for unsafe abortion practices. Decriminalization, coupled with appropriate regulation and the provision of accessible, safe abortion services, is the most expeditious method of fully protecting the right to health against third-party violations. Additionally, States should take measures to protect those who provide abortions and related services from harassment, violence, kidnappings and murder perpetrated by non-State actors (religiously motivated or otherwise).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2011
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 84
- Paragraph text
- Intersex refers mainly to physical aspects of the body and includes a wide range of natural body variations that do not conform to prevailing notions of male and female bodies. Deeply rooted stereotypes around gender dichotomy and medical norms about male and female bodies have led to the establishment of a medical practice of routine interventions and surgeries on intersex people, including irreversible genital surgery and sterilization. These interventions are not always necessary on medical grounds and are often not performed with the informed consent of the persons concerned. Moreover, medical classifications currently codify intersex characteristics as pathologies or disorders.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 83
- Paragraph text
- Mental health deserves much more attention and must be effectively mainstreamed within the Sustainable Development Goals through the goals and benchmarks related to health and sustainable development. The high number of suicides and suicide attempts are an indicator that the mental health of individuals and population needs to be addressed very seriously. Concerted and effective measures need to be applied to substantively address this challenge and reduce the numbers of suicides, which have in many countries reached epidemic rates. The Special Rapporteur will further analyse the relevance of human rights in addressing suicide and other mental health issues as a public health challenge.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2015
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 58
- Paragraph text
- A focus on individual beneficiaries and on "deliverables" - food, shelters, health kits - as ends in themselves might divert from the fundamental responsibility to respect, protect and fulfil rights (to housing, water, health, for instance), and the requirement to think of the long term. In Haiti, it was reported that immediate needs had dominated the international community's response and that specific pledges to support permanent housing requirements had therefore been less significant. The Haiti Shelter Cluster of the Inter-Agency Standing Committee reported on the risks of institutionalizing camps and of consuming scarce resources in emergency measures at the expense of more durable permanent solutions were recognized.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Humanitarian
- Year
- 2011
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 22
- Paragraph text
- Viewed through a human rights lens, from the perspective of those whose right to housing is at stake, those common challenges facing local governments or housing providers can be seen as barriers to the realization of rights. Those who are disproportionately affected by the challenges identified tend to be the most marginalized groups - those whose right to housing is most at risk. It is those groups who suffer most when local governments lack capacity or resources, when there is an absence of local human rights accountability, when local government becomes protectionist and exclusionary, and it is those groups who often confront the most complex web of governmental decision-making and authority, with the least information available to them.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2015
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 23
- Paragraph text
- The situation of residents of informal settlements in many cities around the world illustrates how allocation of responsibilities among different levels of government plays out in peoples' lives. For example, a recent study considers the situation of residents of the Mukuru settlement in Nairobi. They live in windowless shacks on privately held land without sewage or water infrastructure. They have been unable to determine title through local governments and therefore lack security of tenure, rendering them ineligible to apply for basic water, sewers or electricity. With the Kenyan Constitution now recognizing "the right to accessible and adequate housing and to reasonable standards of sanitation", the challenge for local residents is to claim their rights within a complex web of regulatory schemes and decisions applied by an array of governmental actors.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Year
- 2015
Paragraph
Large-scale development project and human rights defenders 2013, para. 72
- Paragraph text
- Private enterprises, as well as State donors and private donors, can also contribute to accountability, for example by establishing mechanisms, either by themselves or in cooperation with other stakeholders. All non-judicial grievance mechanisms, whether State- or non-State-based, should be legitimate, accessible, predictable, equitable, transparent, rights-compatible, a source of continuous learning and, in the case of company- or project-level mechanisms, based on dialogue and engagement (see Guiding Principle No. 31 of the Guiding Principles on Business and Human Rights).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 52
- Paragraph text
- In India, the Chairperson and members of the national institution are appointed by the President on the recommendations of a Committee formed by the Prime Minister as a Chair and members of the ruling party as well as the opposition parties. It is reported that consultations are carried out by the members of the Committee in order to ensure consensus in the nominations. After her visit to India, the Special Rapporteur recommended that the functioning of the national commission be strengthened by, inter alia, broadening the selection criteria for the appointment of the Chair and diversifying the composition of the Commission, including regarding gender.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 47
- Paragraph text
- The criteria and processes for nomination, appointment and security of tenure of the members of the governing bodies of these institutions should be established and controlled by Parliament. They should ensure an open and transparent process for nomination and appointment. The Sub-Committee on Accreditation has indicated that the participation of members of Government in national institutions should be limited to an advisory capacity and that no secondments of civil servants should be allowed. Tenure should be secure and dismissal only possible in exceptional and clearly defined circumstances.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2013
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 37
- Paragraph text
- In the post-9/11 era, Islam and Muslims have been subject to stigmatization and hostility in Western media. Certain media outlets have identified Islam with terrorism, which, according to the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, is a major driver of resurgent Islamophobia around the world (E/CN.4/2006/17). Despite many civil society organizations delivering pro-Muslim discourses after the September 11 attacks, anti-Islamic fringe organizations have exploited mass media to spread messages of fear and anger. The former Independent Expert on minority issues noted in a report (A/HRC/13/23/Add.2) that members of Muslim and Arab communities in Canada stated that negative stereotypes had been reinforced since September 2001, including in the mass media, resulting in their reluctance to engage in public debate or raise their concerns.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2015
Paragraph
The human rights situation of Roma worldwide, with a particular focus on the phenomenon of anti-Gypsyism 2015, para. 84
- Paragraph text
- The Special Rapporteur notes the importance of direct, efficient funding mechanisms for Roma organizations. However, even within the European Union, where significant funds are dedicated to addressing Roma disadvantage, challenges remain. Firstly, within the European Union, not all of the available funds for Roma are being spent or efficiently invested and the level of expenditure on this issue, especially by new member States, is very small. This results in many cases in funds being directed towards short-term projects that are incapable of achieving any long-term, sustainable impact, therefore reducing their positive impact on Roma communities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2015
Paragraph
The human rights situation of Roma worldwide, with a particular focus on the phenomenon of anti-Gypsyism 2015, para. 42
- Paragraph text
- Although not all European States officially recognize 2 August as the International Day of Commemoration in Memory of the Victims of the Holocaust, the Special Rapporteur is pleased that the European Parliament has recently adopted a resolution on recognition of the memorial day of the Roma genocide during the Second World War and that that many States are moving in that direction. In order to better recognize the victims of the Roma genocide and to improve understanding of the situation of the Roma in Sweden, in 2014 the Government published a white paper highlighting abuses and rights violations of Roma throughout the twentieth century and showing the negative stereotyping and discrimination they continue to face.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2015
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 51
- Paragraph text
- In addition, the Sub-Commission on the Promotion and Protection of Human Rights, in its resolution 2000/4, established that discrimination based on work and descent was a form of discrimination prohibited by international human rights law, and requested Governments concerned to put in place all necessary constitutional, legislative and administrative measures, including affirmative action, to prohibit and redress that form of discrimination, as well as to criminally sanction all persons or entities within their jurisdictions who might have engaged in practices of discrimination on the basis of work and descent.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 40
- Paragraph text
- The Special Rapporteur highlights that coordination of aid is not listed as a legitimate ground for restrictions under the International Covenant on Civil and Political Rights. Furthermore, he underlines that barriers in the name of aid effectiveness have little in common with "the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2013
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 76
- Paragraph text
- NGOs working on sexual orientation and gender identity issues in particular have faced difficulties in obtaining consultative status. Since 2011, only four such organizations have been recommended by the Committee. Nine other organizations were accredited because the Economic and Social Council quashed negative recommendations by the Committee.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2014
Paragraph
The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 35
- Paragraph text
- Reports indicate that some patients are subject to perverse therapies such as "flogging therapy". Similarly, it has been reported that patients are forced to labour for nearly 17 hours a day, all week, under threat of beatings and other physical punishments.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2010
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 28
- Paragraph text
- The Paris Principles (1991) are a set of minimum standards that national institutions, regardless of their structure and mandate, should respect. They are now broadly accepted as benchmarks for the accreditation of national institutions and a litmus test of an institution's legitimacy.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2013
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 79
- Paragraph text
- The mandate has noted that "members of sexual minorities are disproportionately subjected to torture and other forms of ill-treatment because they fail to conform to socially constructed gender expectations. Indeed, discrimination on grounds of sexual orientation or gender identity may often contribute to the process of the dehumanization of the victim, which is often a necessary condition for torture and ill-treatment to take place." "Medically worthless" practices of subjecting men suspected of homosexual conduct to non-consensual anal examinations to "prove" their homosexuality have been condemned by the Committee against Torture, the Special Rapporteur on the question of torture and the Working Group on Arbitrary Detention, which have held that the practice contravenes the prohibition of torture and ill-treatment (A/HRC/19/41, para. 37).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2013
Paragraph
Affordability of water and sanitation services 2015, para. 33
- Paragraph text
- Disconnection of services due to an inability to pay for the service is a retrogressive measure and constitutes a violation of the human rights to water and sanitation (Committee on Economic, Social and Cultural Rights, General Comment No. 15 (2002) (E/C.12/2002/11), para. 44a). Disconnections are only permissible if it can be shown that households are able to pay but are not paying. The South African 1997 Water Services Act states that disconnections may not result in a lack of access to services for non-payment where the individual is unable to pay for basic services. More recently, France adopted the Brottes Law, which prohibits disconnections for inability to pay.
- Legal status
- Non-negotiated soft 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
- Year
- 2015
Paragraph