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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Planning for the realization of the rights to water and sanitation 2011, para. 83d | Aug 19, 2019 | Paragraph | [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; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2011 | ||
Planning for the realization of the rights to water and sanitation 2011, para. 82b | Aug 19, 2019 | Paragraph | [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; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2011 | ||
Participation in the realization of the human rights to water and sanitation 2014, para. 88 | Aug 19, 2019 | Paragraph | In many instances only token attention has been paid to participation. All too often, only the well off and powerful, as determined by gender, ethnicity, income and other factors, "participate" in decision-making, to the exclusion of marginalized members of society. The greatest challenge may lie in ensuring participation on the basis of equality. When participatory processes do not unveil and address entrenched power structures and marginalization, they carry the risk of being manipulative and of reinforcing and "legitimizing" inequalities. Equality and non-discrimination demand structural transformation to remove barriers to meaningful participation for all. They also require deliberation and redistributive action to remedy past patterns of resource allocation that have reinforced marginalization. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2014 | ||
Financing for the Realization of the Rights to Water and Sanitation 2011, para. 75a | Aug 19, 2019 | Paragraph | [Based on the findings of the present report, the Special Rapporteur recommends that States:] Prioritize funding, both in the national budget and for official development assistance, for water and sanitation with a particular focus on extending access to the unserved or under-served. This should include measures to identify the most marginalized, excluded and disadvantaged populations in terms of access to water and sanitation and specific initiatives to improve their situation; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2011 | ||
Planning for the realization of the rights to water and sanitation 2011, para. 83h | Aug 19, 2019 | Paragraph | [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; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2011 | ||
Common violations of the human rights to water and sanitation 2014, para. 83e | Aug 19, 2019 | Paragraph | [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:] Raise awareness on economic, social and cultural rights and the human rights to water and sanitation in particular so that individuals know their rights and will be able to claim them in the case of violations; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2014 | ||
Common violations of the human rights to water and sanitation 2014, para. 83j | Aug 19, 2019 | Paragraph | [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; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2014 | ||
The MDGs and the human rights to water and sanitation 2010, para. 63h | Aug 19, 2019 | Paragraph | [In line with these conclusions, the independent expert recommends the following:] Data collection at the global level and human rights-based monitoring must disaggregate progress according to different grounds of discrimination. Gender and wealth quintiles must be prioritized for that purpose. In addition, a contextualized approach to disaggregation is required. States must identify groups and individuals under their jurisdiction who face discrimination and specifically monitor progress in improving their access to sanitation and water; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2010 | ||
Planning for the realization of the rights to water and sanitation 2011, para. 83c | Aug 19, 2019 | Paragraph | [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; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2011 | ||
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 63o | Aug 19, 2019 | Paragraph | [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; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2010 | ||
Financing for the Realization of the Rights to Water and Sanitation 2011, para. 74 | Aug 19, 2019 | Paragraph | The present report has reviewed various challenges in financing access to water and sanitation for the realization of these human rights. Ensuring water and sanitation for all will require considerably more resources to extend sustainable access to the billions of people who still lack access. Beyond the need for additional resources, however, existing resources must also be better targeted to prioritize the most excluded and marginalized. More transparent budgets and better coordination will also assist in acquiring a more complete understanding of the resources available to tackle the water and sanitation crisis. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2011 | ||
Planning for the realization of the rights to water and sanitation 2011, para. 82c | Aug 19, 2019 | Paragraph | [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. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2011 | ||
Planning for the realization of the rights to water and sanitation 2011, para. 83a | Aug 19, 2019 | Paragraph | [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; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2011 | ||
Planning for the realization of the rights to water and sanitation 2011, para. 83e | Aug 19, 2019 | Paragraph | [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; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2011 | ||
Stigma and the realization of the human rights to water and sanitation 2012, para. 79 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2012 | ||
Participation in the realization of the human rights to water and sanitation 2014, para. 91e | Aug 19, 2019 | Paragraph | [States must take the following measures:] States must ensure access to justice where the human right to participation has been violated. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2014 | ||
Planning for the realization of the rights to water and sanitation 2011, para. 82a | Aug 19, 2019 | Paragraph | [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; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2011 | ||
Planning for the realization of the rights to water and sanitation 2011, para. 83g | Aug 19, 2019 | Paragraph | [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; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2011 | ||
Planning for the realization of the rights to water and sanitation 2011, para. 83i | Aug 19, 2019 | Paragraph | [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. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2011 | ||
Stigma and the realization of the human rights to water and sanitation 2012, para. 82e | Aug 19, 2019 | Paragraph | [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. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2012 | ||
Common violations of the human rights to water and sanitation 2014, para. 82a | Aug 19, 2019 | Paragraph | [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; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2014 | ||
Stigma and the realization of the human rights to water and sanitation 2012, para. 78 | Aug 19, 2019 | Paragraph | Stigma plays an insidious role in perpetuating, "justifying" and ultimately creating impunity for human rights violations. It also serves to silence and erase issues, and exclude individuals and communities from access to water and sanitation, preventing some people from exercising their civil, cultural, economic, political and social rights. Most often, stigmatized individuals are the ones whose lives and health are placed directly in jeopardy by lack of access to water and sanitation. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2012 | ||
Gender equality in the realization of the human rights to water and sanitation 2016, para. 77i | Aug 19, 2019 | Paragraph | [In line with the above, the Special Rapporteur recommends that States:] Ensure the gender-responsive water, sanitation and hygiene facilities are available in schools, hospitals, the workplace, market places, places of detention and public spaces like public transport hubs and public institutions, among other places. Laws and regulations must be developed, promoted and enforced and must serve to hold Governments and non-State actors to account; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2016 | ||
The MDGs and the human rights to water and sanitation 2010, para. 63a | Aug 19, 2019 | Paragraph | [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; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2010 | ||
The MDGs and the human rights to water and sanitation 2010, para. 63k | Aug 19, 2019 | Paragraph | [In line with these conclusions, the independent expert recommends the following:] States and other relevant actors must promote genuinely participatory processes and empower people to actively take part in decision-making processes, including on the use of development assistance, inter alia by overcoming barriers including low literacy levels, language constraints, cultural barriers and physical obstacles. To enable meaningful participation, full transparency must be ensured. All people must have full and equal access to information concerning water and sanitation and related plans, policies and programmes, including the use of development assistance; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2010 | ||
Planning for the realization of the rights to water and sanitation 2011, para. 81e | Aug 19, 2019 | Paragraph | [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; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2011 | ||
Planning for the realization of the rights to water and sanitation 2011, para. 83b | Aug 19, 2019 | Paragraph | [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; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2011 | ||
Participation in the realization of the human rights to water and sanitation 2014, para. 92b | Aug 19, 2019 | Paragraph | [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; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2014 | ||
Participation in the realization of the human rights to water and sanitation 2014, para. 87 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2014 | ||
Common violations of the human rights to water and sanitation 2014, para. 83l | Aug 19, 2019 | Paragraph | [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. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2014 |