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The right to the highest attainable standard of health (Art. 12) 2000, para. 15
- Paragraph text
- The improvement of all aspects of environmental and industrial hygiene (art. 12.2 (b)) comprises, inter alia, preventive measures in respect of occupational accidents and diseases; the requirement to ensure an adequate supply of safe and potable water and basic sanitation; the prevention and reduction of the population's exposure to harmful substances such as radiation and harmful chemicals or other detrimental environmental conditions that directly or indirectly impact upon human health. Furthermore, industrial hygiene refers to the minimization, so far as is reasonably practicable, of the causes of health hazards inherent in the working environment. Article 12.2 (b) also embraces adequate housing and safe and hygienic working conditions, an adequate supply of food and proper nutrition, and discourages the abuse of alcohol, and the use of tobacco, drugs and other harmful substances.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2000
Paragraph
The right to water (Art. 11 and 12) 2002, para. 1
- Paragraph text
- Water is a limited natural resource and a public good fundamental for life and health. The human right to water is indispensable for leading a life in human dignity. It is a prerequisite for the realization of other human rights. The Committee has been confronted continually with the widespread denial of the right to water in developing as well as developed countries. Over one billion persons lack access to a basic water supply, while several billion do not have access to adequate sanitation, which is the primary cause of water contamination and diseases linked to water. The continuing contamination, depletion and unequal distribution of water is exacerbating existing poverty. States parties have to adopt effective measures to realize, without discrimination, the right to water, as set out in this general comment.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2002
Paragraph
The right to water (Art. 11 and 12) 2002, para. 23
- Paragraph text
- The obligation to protect requires State parties to prevent third parties from interfering in any way with the enjoyment of the right to water. Third parties include individuals, groups, corporations and other entities as well as agents acting under their authority. The obligation includes, inter alia, adopting the necessary and effective legislative and other measures to restrain, for example, third parties from denying equal access to adequate water; and polluting and inequitably extracting from water resources, including natural sources, wells and other water distribution systems.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2002
Paragraph
The right to water (Art. 11 and 12) 2002, para. 6
- Paragraph text
- Water is required for a range of different purposes, besides personal and domestic uses, to realize many of the Covenant rights. For instance, water is necessary to produce food (right to adequate food) and ensure environmental hygiene (right to health). Water is essential for securing livelihoods (right to gain a living by work) and enjoying certain cultural practices (right to take part in cultural life). Nevertheless, priority in the allocation of water must be given to the right to water for personal and domestic uses. Priority should also be given to the water resources required to prevent starvation and disease, as well as water required to meet the core obligations of each of the Covenant rights.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Health
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2002
Paragraph
The right to water (Art. 11 and 12) 2002, para. 53
- Paragraph text
- To assist the monitoring process, right to water indicators should be identified in the national water strategies or plans of action. The indicators should be designed to monitor, at the national and international levels, the State party's obligations under articles 11, paragraph 1, and 12. Indicators should address the different components of adequate water (such as sufficiency, safety and acceptability, affordability and physical accessibility), be disaggregated by the prohibited grounds of discrimination, and cover all persons residing in the State party's territorial jurisdiction or under their control. States parties may obtain guidance on appropriate indicators from the ongoing work of WHO, the Food and Agriculture Organization of the United Nations (FAO), the United Nations Centre for Human Settlements (Habitat), the International Labour Organization (ILO), the United Nations Children's Fund (UNICEF), the United Nations Environment Programme (UNEP), the United Nations Development Programme (UNDP) and the United Nations Commission on Human Rights.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2002
Paragraph
The right to water (Art. 11 and 12) 2002, para. 55
- Paragraph text
- Any persons or groups who have been denied their right to water should have access to effective judicial or other appropriate remedies at both national and international levels (see General Comment No. 9 (1998), para. 4, and Principle 10 of the Rio Declaration on Environment and Development). The Committee notes that the right has been constitutionally entrenched by a number of States and has been subject to litigation before national courts. All victims of violations of the right to water should be entitled to adequate reparation, including restitution, compensation, satisfaction or guarantees of non-repetition. National ombudsmen, human rights commissions, and similar institutions should be permitted to address violations of the right.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2002
Paragraph
Assessing a decade of progress on the right to food 2013, para. 7
- Paragraph text
- The right to food seeks to ensure access to adequate diets. Although access is necessary for individuals to be adequately nourished, it is not the only requirement. Obviously, food availability is also required (which necessitates appropriate functioning of markets to ensure that foodstuffs can travel from the producers to the markets and from food-surplus regions to food-deficit regions). Access to health-care services and sanitation, as well as adequate feeding practices, are also essential. In this regard, the right to food is also closely connected to the right to health and to what is described as adequate "utilization".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2013
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 34
- Paragraph text
- A number of successful rehabilitation and reconstruction initiatives in Honduras, where undisputed land was available at a reasonable distance from livelihood opportunities and facilities, illustrated how settlement development could be an appropriate means to support disaster-affected populations and introduce better practices in areas such as site planning, house design, use and production of building materials, water supply and sanitation and environmental protection. Cases such as El Progreso and Choluteca also included direct involvement by local authorities working in collaborating with other support institutions as well as members of the beneficiary community, all with the help of unprecedented levels of support from donors and relief organizations.
- 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)
- Environment
- Humanitarian
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2011
Paragraph
Centrality of the right to adequate housing for the development and implementation of the New Urban Agenda to be adopted at Habitat III in October 2016 2015, para. 11
- Paragraph text
- Achieving the objectives of Habitat III will rely on the unique ability of human rights to effect transformative change through the application of universal norms and guiding principles to specific contexts and in response to emerging challenges. This essentially describes the key features and benefits of a human rights approach. Human rights can effect the kind of spatial, geographic, social and attitudinal change required to address the structural causes of exclusion and inequality, so that cities become places of opportunity and well-being for everyone - where adequate housing, food, water and sanitation, education, employment and health are realized as fundamental rights.
- 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
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Access to justice for people living in poverty 2012, para. 4
- Paragraph text
- The indivisibility, interdependence and interrelatedness of human rights is often recalled and reiterated in human rights instruments and by human rights bodies, although frequently disregarded in practice. The interdependence of all human rights is unequivocal when considering the situation of persons living in poverty, which is both a cause and a consequence of a range of mutually reinforcing human rights violations. Eradicating extreme poverty not only requires improving access to housing, food, education, health services, water and sanitation, but also requires ensuring that persons living in poverty have the resources, capabilities, choices, security and power necessary to enjoy the whole spectrum of human rights.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2012
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 34
- Paragraph text
- In the view of the Special Rapporteur, and of most scholars, the legal arguments supporting the claim of non-receivability are wholly unconvincing in legal terms. First, the claims appear to have all of the characteristics of a private law tort claim. The victims accuse the United Nations of negligence for failure to adequately screen its peacekeeping forces for cholera, failure to provide for adequate sanitation facilities and waste management at Mirebalais camp, failure to undertake adequate water quality testing and a failure to take immediate corrective action after cholera was introduced. These are classic third-party claims for damages for personal injury, illness and death, and they arise directly from action or inaction by, or attributable to, MINUSTAH. This would include a failure to exercise non-negligent supervision of the actions of private contractors. The United Nations has frequently processed claims involving alleged negligence, especially, for example, in relation to traffic accidents.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2016
Paragraph
Extreme inequality and human rights 2015, para. 31
- Paragraph text
- Economic inequalities also have an impact on the realization of the right to water. In a 2012 report, the Secretary-General cited an analysis of data from 35 countries in sub-Saharan Africa that found that access to improved sources of water varied from 94 per cent among the richest 20 per cent in urban areas to 34 per cent among the poorest 20 per cent in rural areas (see A/67/394, para. 29). In another study, it was found that the "rate of progress in access to water and sanitation is very uneven among wealth quintiles in many countries, with the poorest two quintiles frequently experiencing lack of improvement while other quintiles experience significant advances".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Impact of climate change on the right to food 2015, para. 23
- Paragraph text
- Water is also an important aspect of transportation, which affects the distribution of food and income generation. This in turn has an impact on the livelihoods of individuals and therefore their ability to purchase food. Climate change puts additional pressure on water resources on the supply side. It also increases demand for water to sustain crop and livestock production increases in a progressively warming climate as well as having a tremendous impact on fisheries as a result of changes to water flows and temperatures.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2015
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 24
- Paragraph text
- In the first instance, human rights law requires that water and sanitation services be available. Water supply for each person must be sufficient for personal and domestic uses. In determining what is sufficient, human rights ultimately go beyond minimum targets such as 20 litres of water per person per day as referred to in the official guidance on the Millennium Development Goal indicators, which is considered insufficient to ensure health and hygiene. The Millennium Development Goal indicators do not explicitly refer to the availability of services, but use access to an improved water source as a proxy assuming that such sources are likely to provide a sufficient quantity of water. For sanitation, availability is implicitly addressed in the indicator framework since shared facilities are not considered improved. However, from a human rights perspective, facilities such as those shared with neighbours (i.e., only a small number of people), which are accessible, safe, hygienic and well kept, may be acceptable.
- 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
- Health
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2010
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 28
- Paragraph text
- Fourthly, water and sanitation services must be accessible to everyone in the household or its vicinity on a continuous basis. Physical security must not be threatened when accessing facilities. Again, the Millennium Development Goals indicator on water is used as a proxy, on the assumption that "improved" sources are likely to be within the dwelling or a convenient distance from it. Accessibility could be measured more explicitly by using the time a round trip, including waiting time, takes. This could also serve as an indirect measurement of the amount of water people collect, as the distance to the water source has an impact on the quantity that can be collected. In fact, this is an indicator available from the surveys used by the Joint Monitoring Programme and has been reported on sporadically by the Joint Monitoring Programme as an additional criterion. The independent expert considers that this should be done systematically, including examination of accessibility in schools, workplaces and other spheres of life.
- 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
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 57
- Paragraph text
- To ensure accountability, roles and responsibilities have to be clearly designated and made transparent. Also, the coordination between different entities involved - public and private - has to be ensured. Water and sanitation users must be able to identify who is responsible in order to hold the relevant actor to account. Corruption presents an additional challenge to building responsive and accountable institutions. Fighting it requires, above all, strong political will. Transparency, in particular, will help to reduce the risk of corruption, for instance, by ensuring that bidding is competitive and contracts are made public. Where a State-owned company is formed to deliver water and sanitation services, the legislative process for the establishment of the company should be the product of a participatory and transparent process. In all cases, clearly defined performance targets and disclosure of information help to reduce the risk of corruption.
- 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)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2010
Paragraph
Financing for the Realization of the Rights to Water and Sanitation 2011, para. 33
- Paragraph text
- This process begins with strong sectoral planning, including the articulation of both a uniform, sector-wide policy and specific targets. Evidence shows that without a clear national policy framework, effective and efficient service delivery is particularly difficult to achieve. Moreover, when international donors consider which sectors to prioritize they regularly cite the existence of strong sectoral plans as a crucial factor influencing their decision-making. Sectoral planning, meanwhile, should begin with a comprehensive assessment of available resources and the current status of the realization of the rights to water and sanitation, both in terms of overall access as well as affordability, acceptability and quality.
- 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)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2011
Paragraph
Financing for the Realization of the Rights to Water and Sanitation 2011, para. 53
- Paragraph text
- The long-term success of the realization of the rights to water and sanitation also requires investment in governmental and human capacity, particularly at the local level. Decentralizing responsibility for managing water and sanitation services may boost their efficiency, and thus their sustainability, while also enhancing transparency, accountability and sensitivity to local needs. These attributes of decentralization, however, are not automatic and the central Government maintains an important monitoring role in respect of human rights. In particular, the central Government must ensure that the most marginalized and disadvantaged groups are prioritized, and adopt the necessary measures (e.g. through tied or earmarked transfers to local authorities), so as to avoid funding being diverted to, or captured by, privileged segments of the population or other sectors.
- 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)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 6
- Paragraph text
- National planning provides opportunities to ensure more coordinated and consistent responses to broader concerns such as climate change and water scarcity. Good planning will also identify and address incompatibilities with human rights as well as overlaps and gaps in laws and policies. Successful planning is based on broad participation, which further contributes to effective implementation and sustainability. Effective national planning frequently leads to improved data on water and sanitation as well as to clarified responsibilities for more efficient and effective management of water and sanitation, thus contributing to enhanced accountability.
- 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)
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2011
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 35
- Paragraph text
- States must ultimately ensure that all people under their jurisdiction have access to sufficient, safe, acceptable and affordable water and sanitation services. While a water and sanitation strategy may adopt the overall framework, plans should be action oriented and list the measures to be adopted as specifically as possible. For instance, with regard to the affordability of service provision, States must, among other measures, design a tariff structure that considers the needs of all people, including those in poverty; designate an institution responsible for setting tariffs, regulating service providers and monitoring affordability; adopt supplementary social policies if necessary; consider operation and maintenance as well as connection costs in the case of networked supply, but also individual contributions for other forms of services; and set standards and safeguards for disconnections due to non-payment.
- 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)
- Economic Rights
- Equality & Inclusion
- Poverty
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2011
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 37
- Paragraph text
- States should monitor whether the set targets have been reached within the envisaged time frame. To enable monitoring of the realization of the rights to water and to sanitation, States should develop relevant indicators, taking into account human rights criteria. These indicators can relate, for example, to reduction of the time spent in collecting water, improvement of water quality and increases in the percentage of treatment of wastewater. Such indicators should be designed not only to measure the outcome in terms of access, but also to capture the progress made and Government efforts. Moreover, data must be disaggregated according to prohibited grounds of discrimination to capture whether the specific targets set for marginalized and vulnerable populations have been reached.
- 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
- Person(s) affected
- All
- Year
- 2011
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 68
- Paragraph text
- Any plan for the realization of the rights to water and to sanitation must be developed through a participatory and transparent process. Systematic participation is crucial in every phase of the planning cycle, from diagnosis through target setting and the formulation of responses and implementation to monitoring and evaluation. Sanitation, in particular, cannot just be delivered, but requires behavioural change, which can be achieved only through the active involvement of interested beneficiaries. Opportunities for participation, including community needs assessments, must be established as early as possible.
- 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)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2011
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 79
- Paragraph text
- In their monitoring activities, States must specifically pay attention and report on the measures taken to reach the most disadvantaged and excluded. They must also include information on the programmes and resources specifically devoted to these purposes; that is, disaggregated data is not only necessary at the level of outcome, but likewise in measuring Government efforts, for instance, to determine whether resources have been increased to reach people living in slums. The Tanzania Water and Sanitation Network monitors equity in the sector through annually published equity reports focusing on the inclusion, accountability, participation and sustainability of policies. It found considerable equity fault lines in the water sector of the United Republic of Tanzania, for example, a gap between access in rural and urban areas and disproportionately high budgets for urban services.
- 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
- Person(s) affected
- All
- Year
- 2011
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 82b
- Paragraph text
- [The human rights framework requires a coherent and comprehensive approach to planning that emphasizes the underlying structural causes and systemic biases for the lack of access to water and sanitation. It requires considering how laws, social norms, traditional practices and institutional structures and actions affect access. As such, the human rights framework helps to not only cure the symptoms, that is, the lack of access, but aims at addressing the underlying reasons, leading to more sustainable results. In this regard:] Strategies and plans must be developed through a participatory and inclusive process ensuring, in particular, that disadvantaged, marginalized and vulnerable people and communities are represented. Participation must go beyond mere information sharing and superficial consultation, and provide real opportunities for influence throughout the planning process;
- 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
- Person(s) affected
- All
- Year
- 2011
Paragraph
Wastewater management in the realization of the rights to water and sanitation 2013, para. 67
- Paragraph text
- Just as important as the absolute amount of resources is how those resources are targeted. The priority must be to achieve basic levels of service for everyone before moving to higher standards, in particular by targeting the most disadvantaged. Current spending patterns are not always aligned with those priorities, and often benefit those who are relatively well-off (ibid., paras. 41 and 42). Funding is disproportionately targeted towards large systems in urban areas (e.g., wastewater treatment facilities and sewerage pipelines) compared with basic services in rural areas and deprived urban areas (e.g., latrines, boreholes and hand pumps). Currently, 62 per cent of all sectoral aid goes to developing large systems, while only 16 per cent goes to basic systems. Because of the limited reach and high costs associated with sewerage systems, very few people benefit from them, and the ones who do are likely to be the better-off. In order to eliminate inequalities, financing less cost-intensive and more context-appropriate systems should be given higher priority, as should other approaches to prioritize coverage in poorer and marginalized areas.
- 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)
- Economic Rights
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2013
Paragraph
Sustainability and non-retrogression in the realisation of the rights to water and sanitation 2013, para. 59
- Paragraph text
- From a human rights perspective it is crucial to balance economic and social sustainability. The human rights framework does not require that water and sanitation services be provided free of charge, and State revenues have to be raised in order to ensure universal access to services. If everyone obtained water and sanitation at no cost this would actually harm low-income households by depriving governments and service providers of the revenue needed to expand and maintain the service, jeopardizing the overall economic sustainability of the system and the State's capacity to protect and fulfil other human rights. However, implementing the human rights to water and sanitation has important implications as to how to raise revenues while ensuring social sustainability. They oblige States to ensure that the cost of accessing water and sanitation remains affordable and appropriately reflects the needs of marginalized and vulnerable groups, and that there is a safety net in place for those who cannot afford to pay full costs.
- 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)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 85
- Paragraph text
- For social accountability mechanisms to work, people must be able to access the relevant information, whether from Government or service providers. The linkage with formal accountability mechanisms such as regulators, ombudspersons and judicial review strengthens social accountability. For instance, the national human rights commissions in Colombia, Ecuador and Peru play an active role in monitoring the relevant government bodies and service providers to ensure that water and sanitation services are delivered in a non-discriminatory manner. This role could be made more participatory by linking it up with social accountability initiatives.
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 15
- Paragraph text
- The Special Rapporteur embraces a comprehensive understanding of violations of the rights to water and sanitation. Even though all types of violations of rights to water and sanitation are serious, denial of access to services due to discrimination or disconnection from services may be more easily identified as violations. Situations where States have failed to adopt reasonable measures or to allocate appropriate resources are less familiar to many courts and raise additional challenges in determining whether a violation has occurred. Yet such types of violations often involve the greatest number of victims and the most intolerable deprivations.
- 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
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 18
- Paragraph text
- Under the category of direct interference, common violations take the form of (a) unjustifiable or discriminatory denial of access to water or sanitation; (b) unjustifiable disconnection from services (including from prepaid water meters), for example when people are unable to pay and are left without access to even basic services; (c) unjustifiable restrictions on access to water or sanitation, such as latrines and toilets being locked at night or fenced-off water sources; (d) unaffordable increases in pricing; (e) land grabbing or other measures resulting in forced relocation that deprive the affected persons of access to water or sanitation services without an adequate alternative; and (f) destroying or poisoning water facilities or infrastructure during armed conflict, which would violate international humanitarian law.
- 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
- Humanitarian
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 37
- Paragraph text
- Article 2(1) of the Covenant stipulates that States must take steps to achieve progressively the full realization of economic, social and cultural rights by all appropriate means. Steps must be deliberate, concrete and targeted as clearly as possible towards the full realization of human rights. Where resource constraints prevent a State from fully realizing the rights to water and sanitation immediately there is an immediate obligation to adopt a strategy for the realization of those rights. To assess progress towards the full realization of human rights, States must monitor progress. The Committee on Economic, Social and Cultural Rights regularly calls on countries to put into place mechanisms for that purpose.
- 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
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2014
Paragraph