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The right to water (Art. 11 and 12) 2002, para. 46
- Paragraph text
- Existing legislation, strategies and policies should be reviewed to ensure that they are compatible with obligations arising from the right to water, and should be repealed, amended or changed if inconsistent with Covenant requirements.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 58
- Paragraph text
- Judges, adjudicators and members of the legal profession should be encouraged by States parties to pay greater attention to violations of the right to water in the exercise of their functions.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 20
- Paragraph text
- The right to water, like any human right, imposes three types of obligations on States parties: obligations to respect, obligations to protect and obligations to fulfil.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 25
- Paragraph text
- The obligation to fulfil can be disaggregated into the obligations to facilitate, promote and provide. The obligation to facilitate requires the State to take positive measures to assist individuals and communities to enjoy the right. The obligation to promote obliges the State party to take steps to ensure that there is appropriate education concerning the hygienic use of water, protection of water sources and methods to minimize water wastage. States parties are also obliged to fulfil (provide) the right when individuals or a group are unable, for reasons beyond their control, to realize that right themselves by the means at their disposal.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 27
- Paragraph text
- To ensure that water is affordable, States parties must adopt the necessary measures that may include, inter alia: (a) use of a range of appropriate low-cost techniques and technologies; (b) appropriate pricing policies such as free or low-cost water; and (c) income supplements. Any payment for water services has to be based on the principle of equity, ensuring that these services, whether privately or publicly provided, are affordable for all, including socially disadvantaged groups. Equity demands that poorer households should not be disproportionately burdened with water expenses as compared to richer households.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 37b
- Paragraph text
- [In General Comment No. 3 (1990), the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant. In the Committee's view, at least a number of core obligations in relation to the right to water can be identified, which are of immediate effect:] To ensure the right of access to water and water facilities and services on a non-discriminatory basis, especially for disadvantaged or marginalized groups;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 12c (ii)
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- [While the adequacy of water required for the right to water may vary according to different conditions, the following factors apply in all circumstances:] Accessibility. Water and water facilities and services have to be accessible to everyone without discrimination, within the jurisdiction of the State party. Accessibility has four overlapping dimensions: Economic accessibility: Water, and water facilities and services, must be affordable for all. The direct and indirect costs and charges associated with securing water must be affordable, and must not compromise or threaten the realization of other Covenant rights;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 49
- Paragraph text
- The national water strategy and plan of action should also be based on the principles of accountability, transparency and independence of the judiciary, since good governance is essential to the effective implementation of all human rights, including the realization of the right to water. In order to create a favourable climate for the realization of the right, States parties should take appropriate steps to ensure that the private business sector and civil society are aware of, and consider the importance of, the right to water in pursuing their activities.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- N.A.
- Año
- 2002
Párrafo
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.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 37a
- Paragraph text
- [In General Comment No. 3 (1990), the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant. In the Committee's view, at least a number of core obligations in relation to the right to water can be identified, which are of immediate effect:] To ensure access to the minimum essential amount of water, that is sufficient and safe for personal and domestic uses to prevent disease;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 37d
- Paragraph text
- [In General Comment No. 3 (1990), the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant. In the Committee's view, at least a number of core obligations in relation to the right to water can be identified, which are of immediate effect:] To ensure personal security is not threatened when having to physically access to water;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 52
- Paragraph text
- States parties are obliged to monitor effectively the realization of the right to water. In monitoring progress towards the realization of the right to water, States parties should identify the factors and difficulties affecting implementation of their obligations.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 37i
- Paragraph text
- [In General Comment No. 3 (1990), the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant. In the Committee's view, at least a number of core obligations in relation to the right to water can be identified, which are of immediate effect:] To take measures to prevent, treat and control diseases linked to water, in particular ensuring access to adequate sanitation;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 15
- Paragraph text
- With respect to the right to water, States parties have a special obligation to provide those who do not have sufficient means with the necessary water and water facilities and to prevent any discrimination on internationally prohibited grounds in the provision of water and water services.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 39
- Paragraph text
- When the normative content of the right to water (see Part II) is applied to the obligations of States parties (Part III), a process is set in motion, which facilitates identification of violations of the right to water. The following paragraphs provide illustrations of violations of the right to water.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 12c (iv)
- Paragraph text
- [While the adequacy of water required for the right to water may vary according to different conditions, the following factors apply in all circumstances:] Accessibility. Water and water facilities and services have to be accessible to everyone without discrimination, within the jurisdiction of the State party. Accessibility has four overlapping dimensions: Information accessibility: accessibility includes the right to seek, receive and impart information concerning water issues.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 37e
- Paragraph text
- [In General Comment No. 3 (1990), the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant. In the Committee's view, at least a number of core obligations in relation to the right to water can be identified, which are of immediate effect:] To ensure equitable distribution of all available water facilities and services;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 44c
- Paragraph text
- [While it is not possible to specify a complete list of violations in advance, a number of typical examples relating to the levels of obligations, emanating from the Committee's work, may be identified:] Violations of the obligation to fulfil occur through the failure of States parties to take all necessary steps to ensure the realization of the right to water. Examples includes, inter alia: (i) failure to adopt or implement a national water policy designed to ensure the right to water for everyone; (ii) insufficient expenditure or misallocation of public resources which results in the non-enjoyment of the right to water by individuals or groups, particularly the vulnerable or marginalized; (iii) failure to monitor the realization of the right to water at the national level, for example by identifying right-to-water indicators and benchmarks; (iv) failure to take measures to reduce the inequitable distribution of water facilities and services; (v) failure to adopt mechanisms for emergency relief; (vi) failure to ensure that the minimum essential level of the right is enjoyed by everyone (vii) failure of a State to take into account its international legal obligations regarding the right to water when entering into agreements with other States or with international organizations.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 38
- Paragraph text
- For the avoidance of any doubt, the Committee wishes to emphasize that it is particularly incumbent on States parties, and other actors in a position to assist, to provide international assistance and cooperation, especially economic and technical which enables developing countries to fulfil their core obligations indicated in paragraph 37 above.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 36
- Paragraph text
- States parties should ensure that their actions as members of international organizations take due account of the right to water. Accordingly, States parties that are members of international financial institutions, notably the International Monetary Fund, the World Bank, and regional development banks, should take steps to ensure that the right to water is taken into account in their lending policies, credit agreements and other international measures.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 37g
- Paragraph text
- [In General Comment No. 3 (1990), the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant. In the Committee's view, at least a number of core obligations in relation to the right to water can be identified, which are of immediate effect:] To monitor the extent of the realization, or the non-realization, of the right to water;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 31
- Paragraph text
- To comply with their international obligations in relation to the right to water, States parties have to respect the enjoyment of the right in other countries. International cooperation requires States parties to refrain from actions that interfere, directly or indirectly, with the enjoyment of the right to water in other countries. Any activities undertaken within the State party's jurisdiction should not deprive another country of the ability to realize the right to water for persons in its jurisdiction.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 37g
- Paragraph text
- [In General Comment No. 3 (1990), the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant. In the Committee's view, at least a number of core obligations in relation to the right to water can be identified, which are of immediate effect:] To adopt relatively low-cost targeted water programmes to protect vulnerable and marginalized groups;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 33
- Paragraph text
- Steps should be taken by States parties to prevent their own citizens and companies from violating the right to water of individuals and communities in other countries. Where States parties can take steps to influence other third parties to respect the right, through legal or political means, such steps should be taken in accordance with the Charter of the United Nations and applicable international law.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 5
- Paragraph text
- The right to water has been consistently addressed by the Committee during its consideration of States parties' reports, in accordance with its revised general guidelines regarding the form and content of reports to be submitted by States parties under articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights, and its general comments.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 48
- Paragraph text
- The formulation and implementation of national water strategies and plans of action should respect, inter alia, the principles of non-discrimination and people's participation. The right of individuals and groups to participate in decision-making processes that may affect their exercise of the right to water must be an integral part of any policy, programme or strategy concerning water. Individuals and groups should be given full and equal access to information concerning water, water services and the environment, held by public authorities or third parties.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 54
- Paragraph text
- Having identified appropriate right to water indicators, States parties are invited to set appropriate national benchmarks in relation to each indicator. During the periodic reporting procedure, the Committee will engage in a process of "scoping" with the State party. Scoping involves the joint consideration by the State party and the Committee of the indicators and national benchmarks which will then provide the targets to be achieved during the next reporting period. In the following five years, the State party will use these national benchmarks to help monitor its implementation of the right to water. Thereafter, in the subsequent reporting process, the State party and the Committee will consider whether or not the benchmarks have been achieved, and the reasons for any difficulties that may have been encountered (see General Comment No.14 (2000), para. 58). Further, when setting benchmarks and preparing their reports, States parties should utilize the extensive information and advisory services of specialized agencies with regard to data collection and disaggregation.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 24
- Paragraph text
- Where water services (such as piped water networks, water tankers, access to rivers and wells) are operated or controlled by third parties, States parties must prevent them from compromising equal, affordable, and physical access to sufficient, safe and acceptable water. To prevent such abuses an effective regulatory system must be established, in conformity with the Covenant and this General Comment, which includes independent monitoring, genuine public participation and imposition of penalties for non-compliance.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- All
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 37f
- Paragraph text
- [In General Comment No. 3 (1990), the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant. In the Committee's view, at least a number of core obligations in relation to the right to water can be identified, which are of immediate effect:] To adopt and implement a national water strategy and plan of action addressing the whole population; the strategy and plan of action should be devised, and periodically reviewed, on the basis of a participatory and transparent process; it should include methods, such as right to water indicators and benchmarks, by which progress can be closely monitored; the process by which the strategy and plan of action are devised, as well as their content, shall give particular attention to all disadvantaged or marginalized groups;
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo
The right to water (Art. 11 and 12) 2002, para. 14
- Paragraph text
- States parties should take steps to remove de facto discrimination on prohibited grounds, where individuals and groups are deprived of the means or entitlements necessary for achieving the right to water. States parties should ensure that the allocation of water resources, and investments in water, facilitate access to water for all members of society. Inappropriate resource allocation can lead to discrimination that may not be overt. For example, investments should not disproportionately favour expensive water supply services and facilities that are often accessible only to a small, privileged fraction of the population, rather than investing in services and facilities that benefit a far larger part of the population.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Water & Sanitation
- Personas afectadas
- N.A.
- Año
- 2002
Párrafo