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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;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 92c
- Paragraph text
- [Further, States and other stakeholders should take the following measures:] Civil society organizations, national human rights institutions, community-based organizations and others should contribute to promoting active, free and meaningful participation of all people concerned and support people to participate in decision-making processes;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 91c (v)
- Paragraph text
- [States must take the following measures:] To ensure active, free and meaningful participation, States must ensure that the following elements are in place: Ensuring access to information;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 91c (iii)
- Paragraph text
- [States must take the following measures:] To ensure active, free and meaningful participation, States must ensure that the following elements are in place: Enabling people to access participatory processes;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 91c (i)
- Paragraph text
- [States must take the following measures:] To ensure active, free and meaningful participation, States must ensure that the following elements are in place: Involving people in setting out the terms of the engagement;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 32
- Paragraph text
- Ensuring participation poses a number of difficulties. The greatest efforts may be needed to ensure that all those concerned have the opportunity to influence decision-making and that existing power structures are addressed. But other challenges exist as well.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 25
- Paragraph text
- Free participation rules out any form of coercion or inducement, direct or indirect. Participation must be free from manipulation or intimidation. There must be no conditions attached, such as tying access to water and sanitation to attendance of a public hearing. Participation must not be secured through bribery or the promise of a reward.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 18
- Paragraph text
- Active, free and meaningful participation rules out token forms of participation, the mere sharing of information or superficial consultation. This section identifies essential elements of active, free and meaningful participation in order to clarify what participation means in human rights terms.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Sustainability and non-retrogression in the realisation of the rights to water and sanitation 2013, para. 15g
- Paragraph text
- [From a human rights standpoint, retrogressive measures are prohibited if they deliberately interfere with the progressive realization of rights. States must justify such measures according the following criteria:] The State has the burden of proof regarding compliance with the above criteria.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Sustainability and non-retrogression in the realisation of the rights to water and sanitation 2013, para. 15f
- Paragraph text
- [From a human rights standpoint, retrogressive measures are prohibited if they deliberately interfere with the progressive realization of rights. States must justify such measures according the following criteria:] There should be accountability mechanisms in place that ensure the possibility of independent review of the measures at a national level and provide access to remedies for victims of rights violations;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Sustainability and non-retrogression in the realisation of the rights to water and sanitation 2013, para. 15d
- Paragraph text
- [From a human rights standpoint, retrogressive measures are prohibited if they deliberately interfere with the progressive realization of rights. States must justify such measures according the following criteria:] Meaningful participation of affected groups and individuals in examining proposed measures and alternatives is required when considering a retrogressive measure;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 86
- Paragraph text
- In addition to participation in accountability, there must also be accountability for ensuring participation. Courts and other mechanisms play an important role in ensuring accountability in cases of failure to ensure active, free and meaningful participation, i.e., when the right to participation itself has been violated. As evidenced by the case law referenced in the present report, courts play an important role in demanding compliance with States' obligations to ensure participation.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 69
- Paragraph text
- Participation must be active, free and meaningful. It must go beyond mere information-sharing and superficial consultation, and involve people in decision-making, providing real opportunities to influence the planning process. The organization of a truly participatory process is challenging. Different mechanisms and approaches will be required, including consultations with various stakeholders, public meetings and hearings as well as the opportunity to submit written comments and feedback.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 83h
- Paragraph text
- [The Special Rapporteur therefore focuses her recommendations on how to more effectively ensure that violations are identified, prevented and remedied, with an emphasis on those areas which have been most neglected. She recommends that States:] Ensure that individuals and groups do not face barriers in access to justice, whether economic, physical, linguistic, cultural or other, and take measures to overcome such barriers, including by means of legal aid;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 17
- Paragraph text
- The principle of participation requires that national stakeholders have ownership and control over development in the processes of planning, implementation, monitoring and evaluation and assessment. Development is for the people. If their knowledge and expectations are not incorporated in the processes, development cooperation in the water and sanitation sector can never improve their access to water, sanitation and hygiene in a manner consistent with their human rights. National ownership is particularly crucial for the sustainability of development.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 87
- Paragraph text
- Participation is a human right and States have corresponding obligations to ensure participation. Participation is essential for democracy and people's autonomy, agency and dignity. Yet, the human right to participation has not yet received the necessary attention and implementation has lagged. While there are excellent practices that ensure participation, these appear to be isolated rather than institutionalized. Participation is not a one-off exercise, but a continuous process that must be embedded in the political culture.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 51a
- Paragraph text
- [Stakeholder participation can enhance or detract from meaningful participation depending on a range of factors, including:] Accurate, sensitive and transparent identification, so that the invited groups are in fact representative of those most concerned. When selection is appropriate, stakeholder participation has an advantage over an "unaffiliated" approach. It can be employed to ensure targeted participation by all concerned, including marginalized groups whose interests are likely to be overlooked in the pursuit of the common interest;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 40
- Paragraph text
- The challenge is to balance a diversity of legitimate interests and to find solutions that, while perhaps not taking all competing views fully on board, are acceptable to everyone. The key actions in this regard are interaction, bringing all views to the table, having an open discussion, analysing the different interests and corresponding rights at stake, agreeing on a way forward and then monitoring progress on the agreed plan. Decisions must take all opinions into account, according due protection to minority concerns rather than simply adopting the majority view.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 29
- Paragraph text
- Access to information must be guided by the principle of maximum disclosure. Exceptions should be narrow and must relate to a legitimate aim. Public bodies should proactively publish information rather than merely react to crises or complaints. Requests for information should be processed rapidly and fairly. The State must ensure that the right to participation is not undermined by claiming commercial confidentiality, which must be limited to legitimate interests. Meetings by public bodies should generally be open to the public.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 46
- Paragraph text
- In order to give full meaning and practical expression to "participation," it is vital for States to transcend ad hoc and project-level participatory processes, and seek to encourage a more fundamental and sustainable culture of participation and transparency. Active, free and meaningful participation should be internalized within democratic institutions and political culture. Human rights are, of course, ends in themselves; however, studies have also shown the vital importance of transparency and freedom of information in reducing corruption in the delivery of basic services.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 51
- Paragraph text
- Where individuals are in a situation where they cannot provide for themselves, States have an obligation to provide services, for instance in places of detention, in schools or other public institutions, and in times of emergency.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 91e
- Paragraph text
- [States must take the following measures:] States must ensure access to justice where the human right to participation has been violated.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 18
- Paragraph text
- Access to information allows people to meaningfully participate in decision-making and empowers them to claim their rights and hold duty-bearers accountable.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Different levels and types of services and the human rights to water and sanitation 2015, para. 33
- Paragraph text
- [People need to have access to information:] To monitor their representatives and hold them accountable;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 75
- Paragraph text
- International mechanisms for identifying, adjudicating and remedying violations offer important opportunities for developing clearer understanding of violations and appropriate remedies. Inquiry mechanisms allow the treaty bodies to act at their own initiative and offer an innovative tool to address systemic violations of rights and situations where victims are unable to seek remedies. However, international bodies can only intervene in a few cases, when national remedies have been exhausted or are not available or effective, and the record of implementation of their decisions is not strong. Most of the work in identifying and remedying violations must be accomplished by domestic institutions. It is at the domestic level that laws and policies can be better influenced through civil society participation and be more context-specific, and where there is a better record of implementation of judicial decisions.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 68
- Paragraph text
- Article 25 (a) of the International Covenant on Civil and Political Rights provides for the right to participate in public affairs. Participation must be active, free and meaningful. While it is often stressed that participation has significant instrumental value in ensuring more sustainable results, participation is a human right in itself, and non-compliance with the relevant human rights obligations may give rise to violations. Such violations may arise from direct denial of participation as well as indirect, by failure to take reasonable steps to facilitate participation, including by ensuring the right to access to information.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 89
- Paragraph text
- The human rights framework stresses that participation is not just "useful" or a "good idea"; it gives rise to obligations that States have to comply with. The human rights principle of accountability is indispensable in ensuring that decision makers actually take the action necessary to translate voice into influence. As such, participation is an antidote to corruption, exposing maladministration and vested interests. Public officials are answerable and accountable to the public, including on how public input is taken into account in decision-making. There are consequences for failure to fulfil obligations that can ultimately be enforced in court.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 56
- Paragraph text
- Many decisions can be taken at the local level; this has the advantage of being close to the people concerned. However, participation must not be limited to local decisions. People must have the opportunity to participate wherever decisions are taken. In some instances, people have invested time and energy in processes at the local level, but the decisions taken are not acted upon and cannot be implemented as local bodies lack the power to do so, in particular where institutional decentralization is not matched by fiscal devolution. Broader power structures often constrain the scope of decision-making at the local level. In such instances, not only are people's expectations frustrated, but participation cannot be considered meaningful.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 33
- Paragraph text
- Some argue that direct participation is unnecessary where structures for representative democracy exist. Decisions by elected representatives would already be regarded as legitimate, given the mandate conferred by the electorate. However, article 25 of the International Covenant on Civil and Political Rights provides both for the right to vote and the right to participate in public affairs. Periodic elections are a blunt instrument for achieving public participation, let alone for ensuring inclusion. The realization of human rights is a dynamic process, and elections alone are not enough. Participatory processes complement representative democratic structures and allow for more direct influence by the public.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 27
- Paragraph text
- Participation must be informed. People require accessible information on the issues at stake that enables them to form an opinion. Access to information must be "full and equal", not favouring some and excluding others. To ensure equal access, information must be made available and be clear and consistent. It must be presented in different formats and in appropriate language. This requires communicating through various channels and media such as radio, photographs and oral presentations; simply posting information online does not make it accessible to everyone. For people to be able to understand and verify the information presented, it must be provided well in advance of any opportunity to provide input. Cost must not be a barrier to accessing information. The Aarhus Convention explicitly requires that people may inspect information relevant for decision-making at no cost (art. 6 (6)).
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph