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Service regulation and human rights to water and sanitation 2017, para. 24
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- 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.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 65
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- The principle of progressive realization should guide the monitoring process and any retrogression observed in service provision should be prohibited and sanctioned by the regulatory framework.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 68
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- 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.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- N.A.
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 61
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- 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.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 36
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- In the past two decades, a general trend in many countries in terms of regulation has been the establishment of public entities that are expected to be independent from providers, governments and the direct administration of the State, designated as independent regulatory bodies. The need for autonomous regulatory bodies has been reinforced by the belief that policy, regulation and provision of services should preferably be separated to ensure maximum benefit from the expertise required and to provide transparency.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 85
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- 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.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- N.A.
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 80
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- Accountability at the national level can be achieved through administrative, quasi-judicial and judicial mechanisms. Mechanisms can be based at the level of the service provider or at the level of the State. For example, when a complaint is not resolved at the level of the service provider, individuals should have the right to address their complaint to an administrative mechanism such as a regulatory body.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 82
- Paragraph text
- In the resolution of complaints against services providers, regulatory actors must ensure that any action that interferes with an individual’s enjoyment of the rights to water and sanitation is preceded by an opportunity for genuine consultation with the individual affected, the timely and full disclosure of information on the proposed measures, reasonable notice of proposed actions, legal recourse and remedies for the individual affected, and legal assistance for obtaining legal remedies.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 89b
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- [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;
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 89j
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- [In line with the above, the Special Rapporteur recommends that States:] Include, in regulatory frameworks, specific requirements ensuring adequate provision of services to, inter alia, schools, health facilities, prisons, transport hubs and public spaces in general;
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 8
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- N.A.
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 77
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- The WHO/UNICEF Joint Monitoring Programme for Water Supply and Sanitation 2015 update shows that 70 per cent of people who do not use improved sanitation facilities, and 90 per cent of people who practise open defecation, live in rural areas. From a regulatory perspective, rural sanitation is a major challenge, as the need for safe sanitation is often not recognized. The construction and maintenance of latrines is often neglected, partly due to the taboo surrounding sanitation. Often, the vast majority of sanitation solutions are not regulated, managed or monitored by any State body (see A/HRC/33/49/Add.2, para. 14). The recognition of sanitation as a distinct right by the General Assembly and by the Human Rights Council warrants its political prioritization by States and the creation of an enabling environment for its progressive realization, including through the establishment of appropriate regulatory frameworks, adapted to local circumstances, that address the individual dignity and public health dimensions of this right.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 10
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- Violations of the obligation to protect may occur when States fail to effectively regulate and control service providers in relation to safety, quantity or disconnections; fail to regulate pricing to ensure that services are affordable for everyone; fail to prevent discrimination by non-State actors; do not ensure that service providers extend services to marginalized households or communities; or fail to ensure that monitoring and complaints procedures are in place (see A/HRC/27/55, para. 27).
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- N.A.
- Año
- 2017
Párrafo
Development cooperation and the human rights to water and sanitation 2017, para. 87
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- Regarding project assessment and monitoring for the human rights to water and sanitation, it is important to highlight the need for balance in processes and outcomes, in addition to outputs. Indeed, funders and partner States must make equal efforts to identify and address the systemic and often cross-sectional determinants of particular phenomena, such as the discrimination of certain groups in access to services, while rigorously gathering data and monitoring such complex development issues.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2017
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Service regulation and human rights to water and sanitation 2017, para. 51
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- 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.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 6
- Paragraph text
- The State is the primary duty bearer for the realization of the human rights to water and sanitation. While the International Covenant on Economic, Social and Cultural Rights, in article 2, provides for progressive realization and acknowledges the constraints due to limits of available resources, it also imposes on States various obligations of immediate effect. In the context of service regulation, the obligations under article 2 include: (a) the obligation to take deliberate, concrete and targeted steps to put in place a regulatory framework for water and sanitation service provision that is aligned with human rights; and (b) the obligation to ensure that the rules and regulations set and the activities of those exercising regulatory functions contribute to the enjoyment of the human rights to water and sanitation without discrimination of any kind. For example, the exercise of the human rights to water and sanitation should not be conditional on, or determined by, a person’s place of residence (e.g. whether a person lives or is registered in an urban or a rural area, or in a formal or an informal settlement). The State’s failure to take the necessary regulatory measures in order to adequately prevent and remedy discriminatory conduct either by service providers or by regulatory actors constitutes a violation of the State’s obligations under the International Covenant on Economic, Social and Cultural Rights.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2017
Párrafo
Development cooperation and the human rights to water and sanitation 2017, para. 16
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- 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.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Water & Sanitation
- Personas afectadas
- All
- N.A.
- Año
- 2017
Párrafo
Development cooperation and the human rights to water and sanitation 2017, para. 13
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- All
- N.A.
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 62
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- 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.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- All
- N.A.
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 90e
- Paragraph text
- [In addition, the Special Rapporteur recommends that regulatory actors:] Provide access to objective, comprehensible, clear and consistent information and facilitate free, active and meaningful participation in regulatory decision-making processes;
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Development cooperation and the human rights to water and sanitation 2017, para. 73
- Paragraph text
- From the perspective of rights holders, when beneficiaries of development cooperation projects have transparent access to information, they are more able to meaningfully participate in decision-making and are empowered to claim their rights and hold duty-bearers accountable (A/71/302, para. 18).
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 57
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 16
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- In their key areas of action, which include standard-setting, monitoring and ensuring accountability for service provision, regulatory actors are bound by the principle of progressive realization, but also by the immediate obligation of non-discrimination and the obligation to take steps towards the full realization of these rights. The Committee on Economic, Social and Cultural Rights underscores that the enjoyment of the human rights to water and sanitation without discrimination of any kind can be compromised not only through direct action or omission by States, but also through State institutions or agencies at the national and local levels, which includes regulatory actors. For regulatory actors to meet their immediate obligations of equality and non-discrimination, they must, when regulating tariffs, consider those who do not have the economic ability to pay for services, and implement mechanisms for their protection; they must also ensure that service providers deliver services to poorer neighbourhoods and informal settlements.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 43
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- 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.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Equality & Inclusion
- Health
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 48
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
- Health
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 59
- Paragraph text
- When setting standards, regulation should aim to achieve the economic, environmental and social sustainability of service provision. Regulation should mirror the State’s obligation to guarantee the rights to water and sanitation sustainably and without discrimination, for both present and future generations. This means that today’s services should not limit or negatively affect future generations’ access to services. To that end, when developing a regulatory framework, States should ensure an integrated regulatory approach for the services, including both the regulation of the sector as a whole and the regulation of each service provider individually. Regulation also has a role to play in contributing to providing preparedness and resilience measures for emergency situations.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Equality & Inclusion
- Humanitarian
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 81
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 42
- Paragraph text
- Therefore, in regulating water and sanitation services, it should be recognized, as a starting point, that water and sanitation are human rights derived from the right to an adequate standard of living (see art. 11 of the International Covenant on Economic, Social and Cultural Rights) and are inextricably related to the right to the highest attainable standard of physical and mental health (see art. 12 of the Covenant on Economic, Social and Cultural Rights), as well as to the right to life (see art. 6 of the International Covenant on Civil and Political Rights) and the right to human dignity (see arts. 1 and 22 of the Universal Declaration of Human Rights). According to international human rights law, the human right to water entitles everyone, without discrimination, to have access to sufficient, safe, acceptable, physically accessible, and affordable water for personal and domestic use. 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 and socially and culturally acceptable and that provides privacy and ensures dignity. From a human rights perspective, the ultimate objective of regulation is to give practical meaning to the normative content of these rights, as follows:
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 23
- Paragraph text
- As part of their human rights responsibilities, service providers should establish legitimate, accessible, predictable, equitable, rights-based and transparent grievance and remedy mechanisms that allow individuals to bring alleged human rights abuses to their attention (see A/HRC/8/5, paras. 82 and 92). This should be required by the regulatory framework as it is part of exercising human rights due diligence, since accountability mechanisms enable the service provider to become aware of its human rights impacts. Equally important is the responsibility of service providers to provide regulatory actors with the necessary information regarding service provision, especially information on their performance.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Service regulation and human rights to water and sanitation 2017, para. 41
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- Año
- 2017
Párrafo