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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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Question of realization in all countries or economic, social and cultural rights, para. 30 | Sep 17, 2019 | Paragraph | 16. Acknowledges that social protection floors may facilitate the enjoyment of human rights, including the rights to social security, the highest attainable standard of physical and mental health, an adequate standard of living, including adequate food, clothing and housing, education and safe drinking water and sanitation, in accordance with | United Nations Human Rights Council | Resolution |
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| 2018 | ||
Human rights and the environment, para. 10 | Sep 17, 2019 | Paragraph | Recognizing that sustainable development and the protection of the environment, including ecosystems, contribute to human well-being and to the enjoyment of human rights, including the rights to life, to the enjoyment of the highest attainable standard of physical and mental health, to an adequate standard of living, to adequate food, to safe drinking water and sanitation and to housing, and cultural rights, | United Nations Human Rights Council | Resolution |
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| 2018 | ||
Service regulation and human rights to water and sanitation 2017, para. 62 | Aug 19, 2019 | Paragraph | Monitoring is essential for understanding current levels of access to water and sanitation services — by focusing on issues such as affordability and water quality, identifying barriers to access for unserved or underserved populations, and ensuring that participatory processes are inclusive. National and local monitoring processes gather information that helps identify drivers and bottlenecks, highlight gaps, and assess strengths and challenges, and as such are essential for the realization 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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| 2017 | ||
Service regulation and human rights to water and sanitation 2017, para. 81 | Aug 19, 2019 | Paragraph | Regulatory actors play a key role in ensuring service providers’ accountability for non-compliance with the human rights to water and sanitation. To ensure accountability, regulatory frameworks must clearly define the roles and responsibilities of all stakeholders involved in service provision and provide clear and accessible information on the complaint mechanisms available at different levels. A growing number of independent regulatory bodies have complaint mechanisms for the resolution of disputes between service providers and users. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2017 | ||
The human rights to safe drinking water and sanitation 2017, para. 11 | Aug 19, 2019 | Paragraph | Recalling general comment No. 15 (2002) of the Committee on Economic, Social and Cultural Rights on the right to water (articles 11 and 12 of the International Covenant on Economic, Social and Cultural Rights) and the statement on the right to sanitation of the Committee of 19 November 2010, as well as the reports of the Special Rapporteur of the Human Rights Council on the human rights to safe drinking water and sanitation, | United Nations General Assembly | Resolution |
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| 2017 | ||
Service regulation and human rights to water and sanitation 2017, para. 24 | Aug 19, 2019 | Paragraph | The implementation of the human rights to water and sanitation depends heavily on national legal and regulatory frameworks. While constitutional recognition of these rights shows a strong national commitment to their realization, and facilitates their inclusion in domestic laws, it does not constitute a conditio sine qua non for their inclusion in national legal frameworks. Kenya, for example, underwent a process of legal and regulatory reform before enshrining these rights in its Constitution. Laws give voice to national policies, and aspire to achieving universal realization of the rights, while rules and regulations set performance standards and determine how services should be provided to the population, as they encapsulate the technical and scientific requirements needed to give meaningful content to the general terms contained in laws. The fact that the provision of water and sanitation services must be adequate for human dignity, life and health, in accordance with the International Covenant on Economic, Social and Cultural Rights, places concrete human rights obligations on national regulatory frameworks. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2017 | ||
Service regulation and human rights to water and sanitation 2017, para. 39 | Aug 19, 2019 | Paragraph | However, some argue that independence from the government may be both unrealistic and in some situations undesirable. In essence, regulatory bodies must ensure the implementation of public policies defined by the government for the regulated sectors. This means that in situations where water policy needs to be reconciled or balanced with social and public policy in order to pursue human rights standards (e.g. affordability) or comply with the government’s international human rights obligations, regulatory decision-making processes should encourage the meaningful participation of the relevant governmental sectors (see A/HRC/36/45/Add.1, para. 36). Governments should be able to legitimately influence both the process of regulatory decision-making and its outcomes in cases where regulation by itself is not sufficient to meet the standards of the human rights to water and sanitation. While the independence of regulatory bodies from governments should not be understated, particularly in countries where corruption is rampant, the question should not be considered in isolation from human rights considerations. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2017 | ||
The human rights to safe drinking water and sanitation 2017, para. 4b | Aug 19, 2019 | Paragraph | [Calls upon States:] To ensure the progressive realization of the human rights to safe drinking water and sanitation for all in a non-discriminatory manner while eliminating inequalities in access, including for individuals belonging to groups at risk and to marginalized groups, on the grounds of race, gender, age, disability, ethnicity, culture, religion and national or social origin or on any other grounds; | United Nations General Assembly | Resolution |
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| 2017 | ||
Service regulation and human rights to water and sanitation 2017, para. 8 | Aug 19, 2019 | Paragraph | The obligation to protect requires States to prevent third parties from interfering in any way with the enjoyment of the human rights to water and sanitation by establishing an effective regulatory system, which includes independent monitoring, genuine public participation and imposition of penalties for non-compliance. In cases in which the provision of water and sanitation services is delegated to third parties, the State has the obligation to regulate the activities of those institutions to ensure that all aspects of human rights are guaranteed (see A/HRC/33/49/Add.2). Establishing an effective regulatory framework comprises the obligations to set service standards in line with the normative content of the human rights to water and sanitation, and to create public authorities to carry out regulatory functions independently. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2017 | ||
Service regulation and human rights to water and sanitation 2017, para. 43 | Aug 19, 2019 | Paragraph | Regulations should give a practical meaning to “availability” and ensure, at least, access to a minimum essential amount of water that is sufficient, reliable and safe for personal and domestic uses to prevent disease. According to the World Health Organization (WHO) guidance, an intermediate level of access, to 50 litres per person per day, represents a low level of health concern (provided that absence of contamination is rigorously assessed), while an optimal level of access, to 100 litres per person per day, represents a very low level of health concern. A regulatory interpretation of “availability” should also consider situations where additional supply of water is required due to health issues, climate conditions (i.e. drought), emergency/disaster situations, work conditions, or any other special circumstances; and situations of disruption to water supply. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2017 | ||
Service regulation and human rights to water and sanitation 2017, para. 47 | Aug 19, 2019 | Paragraph | National standards must ensure that the water used for each personal and domestic use is safe for human health as regards the presence of microorganisms, chemical substances and radiological hazards. The WHO Guidelines for Drinking-Water Quality provide guidance for setting national regulations and standards for water safety in support of public health. The Guidelines describe reasonable minimum safe-practice requirements to protect health and provide numerical “guideline values” for constituents of water or indicators of water quality. When defining mandatory limits, the Guidelines are an authoritative source and must be taken into consideration in the context of local or national environmental, social, economic and cultural conditions. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2017 | ||
Service regulation and human rights to water and sanitation 2017, para. 48 | Aug 19, 2019 | Paragraph | Even when in place, regulations are not always used to their full potential and best advantage to maximize public health benefits. For example, regulations do not always clearly indicate which stakeholders are accountable and liable for identifying, responding to and mitigating risks to drinking-water quality. Regulations should also contemplate situations where water supply is unsafe, by providing coping measures (e.g. alerts) and precautionary actions. In this context, access to information on water quality is essential and should be safeguarded by regulation, using clear, easy-to-understand language, and be readily accessible to all the population. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2017 | ||
Service regulation and human rights to water and sanitation 2017, para. 57 | Aug 19, 2019 | Paragraph | Access to information and transparency are essential in order for participation to be meaningful. Regulatory actors must enable a culture of transparency by providing access to information that is objective, comprehensible, clear and consistent and is made available to everybody in different formats and in the appropriate language. The Special Rapporteur has observed that in El Salvador, decisions on water rationing measures are not systematically publicized and there seems to be no standard rule for informing users about such measures (see A/HRC/33/49/Add.1, para. 32). Similarly, the results of quality tests on water for human consumption are neither made public nor sent to users. Regulation of the ways in which information should be shared is therefore essential. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2017 | ||
The human rights to safe drinking water and sanitation 2017, para. 2 | Aug 19, 2019 | Paragraph | Recognizes that the human right to safe drinking water entitles everyone, without discrimination, to have access to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic use, and that the human right to sanitation entitles everyone, without discrimination, to have physical and affordable access to sanitation, in all spheres of life, that is safe, hygienic, secure, socially and culturally acceptable and that provides privacy and ensures dignity, while reaffirming that both rights are components of the right to an adequate standard of living; | United Nations General Assembly | Resolution |
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| 2017 | ||
Agriculture development, food security and nutrition 2017, para. 13 | Aug 19, 2019 | Paragraph | Recognizes the need to increase the resilience and sustainability of food and agricultural production with regard to climate change in the context of the rising demand for crops, bearing in mind the importance of safeguarding food security and ending hunger and the particular vulnerabilities of food production systems to the adverse impacts of climate change, and encourages efforts at all levels to support climate-sensitive agricultural practices, including agroforestry, conservation agriculture, water management schemes, drought-and flood-resistant seeds and sustainable livestock management, and to establish and strengthen interfaces between scientists, decision makers, entrepreneurs and funders of science, technology and innovation, as well as measures to strengthen the resilience of those in vulnerable situations and of food systems, which can also have a wider positive impact, emphasizing adaptation to climate change as a major concern and objective for all farmers and food producers, especially small-scale producers; | United Nations General Assembly | Resolution |
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| 2017 | ||
Service regulation and human rights to water and sanitation 2017, para. 19 | Aug 19, 2019 | Paragraph | Access to information is crucial to the work of regulatory actors, who have an obligation to collect, analyse and disseminate accurate and disaggregated information on the implementation of the rights to water and sanitation by the service providers that they regulate. Access to information is essential for enabling meaningful participation. In this context, it is important to highlight that regulatory actors’ obligation to ensure meaningful public participation in key regulatory decisions, including tariff-setting, is not in any way incompatible with their required independence. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2017 | ||
The human rights to safe drinking water and sanitation 2017, para. 21 | Aug 19, 2019 | Paragraph | Deeply concerned that non-existent or inadequate sanitation facilities and serious deficiencies in water management and wastewater treatment can negatively affect water provision and sustainable access to safe drinking water and that, according to the United Nations World Water Development Report 2017, over 80 per cent of the world’s wastewater, and over 95 per cent in some of the least developed countries, is released into the environment without treatment, | United Nations General Assembly | Resolution |
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| 2017 | ||
Service regulation and human rights to water and sanitation 2017, para. 64 | Aug 19, 2019 | Paragraph | Monitoring should not only examine compliance of service providers with national and local standards, but should also assess whether the provision of services is carried out in a way that ensures compliance with international human rights obligations such as equality and non-discrimination, participation, access to information and accountability. Regulatory actors are responsible for setting and monitoring indicators of progress towards the realization of the human rights to water and sanitation, which should reflect human rights principles and standards in a direct way. Indicators should cover all the different elements of the rights to water and sanitation and be disaggregated by prohibited grounds of discrimination, while setting specific benchmarks (feasible targets for gradually meeting the indicators) in relation to each indicator. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2017 | ||
Service regulation and human rights to water and sanitation 2017, para. 41 | Aug 19, 2019 | Paragraph | One of the key roles of regulation is to set performance standards. Setting standards for service provision is one of the main functions of the State. The State has the duty to comply with its obligations under the International Covenant on Economic, Social and Cultural Rights and must ensure that those carrying out regulatory functions contribute to the progressive realization of the human rights to water and sanitation. This means that the exercise of regulatory functions in general, and the making of regulation in particular, must comply with the human rights framework regardless of the public or State body that is carrying them out. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2017 | ||
Service regulation and human rights to water and sanitation 2017, para. 68 | Aug 19, 2019 | Paragraph | Similarly, formal sanitation service providers, whether urban or rural, typically do not report data to regulatory authorities. While a regulatory framework and standards for sewerage networks are generally available, they are not always effectively put in place and monitored. Sewerage systems often raise affordability concerns for the State, the service provider and the user and require careful monitoring. Connection charges may prevent poorer households from making use of this service, unless appropriate regulation is in place to ensure affordability. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2017 | ||
Service regulation and human rights to water and sanitation 2017, para. 85 | Aug 19, 2019 | Paragraph | When administrative or national quasi-judicial mechanisms do not exist or are not able to successfully resolve a dispute, the right to an effective remedy requires that people whose rights to water and sanitation have been affected be able to turn to a court. A right of judicial review as a last resort is sometimes indispensable. In this context, it is critical that judicial systems uphold the justiciability of the human rights to water and sanitation in line with international human rights law. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2017 | ||
Development cooperation and the human rights to water and sanitation 2017, para. 13 | Aug 19, 2019 | Paragraph | Integrating human rights throughout the development cycle (see figure) helps to ensure that the needs of those living in the most vulnerable situations are prioritized, that services are provided in a safe and affordable way and that providers guarantee participation, access to information and accountability. This approach is the best way to achieve targets 6.1 and 6.2 of the Sustainable Development Goals. Otherwise, those targets will most likely not be achieved through the traditionally technocratic way that the water and sanitation sector is usually managed. Such traditions also extend to development cooperation practice and often reflect how projects in this sector are selected, designed and managed. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2017 | ||
Development cooperation and the human rights to water and sanitation 2017, para. 16 | Aug 19, 2019 | Paragraph | State funders have obligations to respect human rights in other countries, to refrain from actions that interfere with the enjoyment of the rights to water and sanitation (Committee on Economic, Social and Cultural Rights, general comment No. 15 (2002) on the right to water, para. 31) and to facilitate the realization of those rights through the provision of water supply and sanitation services, financial and technical assistance and necessary aid (A/71/302, para. 11). Accordingly, as part of the Governments of those States, development cooperation agencies (for example, the Japan International Cooperation Agency and the French Development Agency) have the obligation to comply with 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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| 2017 | ||
Agriculture development, food security and nutrition 2017, para. 16 | Aug 19, 2019 | Paragraph | Recognizes that sustainable food systems have a fundamental role to play in promoting healthy diets and improving nutrition, and welcomes the formulation and implementation of internationally consistent national policies, aimed at eradicating malnutrition in all its forms and transforming food systems so as to make nutritious diets available to all, while reaffirming that health, water and sanitation systems must be strengthened simultaneously to end malnutrition; | United Nations General Assembly | Resolution |
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| 2017 | ||
Service regulation and human rights to water and sanitation 2017, para. 61 | Aug 19, 2019 | Paragraph | In order to be effective, regulatory frameworks should allow for independent monitoring of service providers’ compliance with the human rights to water and sanitation and should safeguard the right of individuals to submit complaints when the enjoyment of their rights to water and sanitation has been compromised. Regulatory frameworks should impose appropriate and proportionate sanctions on service providers in cases of non-compliance with the normative content 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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| 2017 | ||
The human rights to safe drinking water and sanitation 2017, para. 7 | Aug 19, 2019 | Paragraph | Recalling its resolution 71/256 of 23 December 2016, entitled “New Urban Agenda”, adopted by the United Nations Conference on Housing and Sustainable Urban Development (Habitat III), held from 17 to 20 October 2016 in Quito, which promotes equitable and affordable access to sustainable basic physical and social infrastructure for all, without discrimination, including safe drinking water and sanitation, | United Nations General Assembly | Resolution |
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| 2017 | ||
Service regulation and human rights to water and sanitation 2017, para. 89b | Aug 19, 2019 | Paragraph | [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; | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2017 | ||
Service regulation and human rights to water and sanitation 2017, para. 51 | Aug 19, 2019 | Paragraph | Regulation must provide a multifaceted and contextual interpretation of affordability, in line with the human rights framework. National standards must ensure that water and sanitation services, whether privately or publicly provided, are affordable for all, including the poorest, and that water and sanitation tariffs do not compromise or threaten the realization of other rights. | Special Rapporteur on the human rights to safe drinking water and sanitation | Special Procedures' report |
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| 2017 | ||
The human rights to safe drinking water and sanitation 2017, para. 4j | Aug 19, 2019 | Paragraph | [Calls upon States:] To provide for effective accountability mechanisms for all water and sanitation service providers, including private sector providers, to ensure that they respect human rights and do not cause or contribute to human rights violations or abuses; | United Nations General Assembly | Resolution |
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| 2017 | ||
The human rights to safe drinking water and sanitation 2017, para. 26 | Aug 19, 2019 | Paragraph | Affirming the importance of regional and international technical cooperation, where appropriate, as a means to promote the progressive realization of the human rights to safe drinking water and sanitation, without any prejudice to questions of international water law, including international watercourse law, | United Nations General Assembly | Resolution |
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| 2017 |