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Stigma and the realization of the human rights to water and sanitation 2012, para. 44
- Paragraph text
- Human dignity is the foundation of all human rights. The International Covenants on Human Rights proclaim that the rights enshrined therein derive from the inherent dignity of the human person. Human dignity is an intrinsic and universal quality of the human person. Behaviour and activities that violate human dignity can include activities or statements that "demean and humiliate individuals or groups because of their origins, status or beliefs", as well as negative stereotyping that implies that members of a particular group are inferior. Stigma is, by its demeaning and degrading nature, antithetical to the very idea of human dignity. Stigma as a process of devaluation, of making some people "lesser" and others "greater", is inconsistent with human dignity, which is premised on notions of the inherent equality and worthiness of the human person. It undermines human dignity, thereby laying the groundwork for violations of human rights. Human dignity is closely linked to the realization of the human rights to water and sanitation, and to various related rights such as non-discrimination, the right to be free from inhuman or degrading treatment, and the right to privacy.
- 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
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 77
- Paragraph text
- Process assessment should encompass the variety of measures performed throughout project implementation with a basis in upholding human rights standards. Examples include ensuring the active and meaningful participation of all stakeholders and providing access to transparent information. Process assessment is especially crucial to situating development cooperation projects in a broader context. In this sense, UNICEF urges partner States to include a “narrative” aspect, which cannot be reflected in reporting mechanisms based on quantitative standards, as it helps to nuance apparently positive or negative results. However, the use of narratives is generally less common among funders and could help to give more substance to quantitative indicators. For instance, Japan has set a target to build capacity for 1,750 professionals working in water supply in Africa. Yet the specific content of such interventions is not defined, nor does it interact with a subsequent outcome indicator. Specifically, it is not possible to assess the nature of the training imparted to the professionals and related improvements to service provision as a result of the training.
- 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
- 2017
- Date added
- Aug 19, 2019
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 14
- Paragraph text
- In line with international human rights law, States should therefore use an "intersectionality lens" in all policy initiatives, to ensure that special attention is given to those persons most disadvantaged in the enjoyment of their rights.
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 8
- Paragraph text
- International human rights law defines the obligations of States with respect to taking appropriate measures, including through international assistance and cooperation, to the maximum of their available resources, towards the full realization of economic, social and cultural rights.
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 76
- Paragraph text
- While courts in many jurisdictions are amenable to litigation challenging human rights violations, access to justice should not generally rely on litigation. States must ensure that water and sanitation services are provided within a context of clear rules. They must adopt measures to prevent human rights violations, for instance through carrying out human rights impact assessments. Where violations are being alleged, dispute and complaint mechanisms should be available with the aim of resolving issues quickly and efficiently. Where human rights violations are not adequately addressed, individuals must be able to proceed to court. Being able to turn to the courts - as a last resort - is an essential component of ensuring access to justice. Violations of the rights to water and sanitation have generally been dealt with more effectively in States where constitutional and legislative protections guarantee that those rights are directly or indirectly justiciable. In States where this is not yet the case, courts and governments should be guided by international developments and recognize the rights to water and sanitation as justiciable. Governments should promote the use of international law in interpreting domestic 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
- Date added
- Aug 19, 2019
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 39
- Paragraph text
- A seminal decision on the obligation to progressively realize socioeconomic rights is that taken in the Grootboom case, in which the Constitutional Court of South Africa considered the plight of a community lacking basic shelter, sanitation facilities and access to clean water. To determine whether the State had complied with the obligation of progressive realization, the Court applied a standard of "reasonableness". It held that a reasonable programme must: be comprehensive, coherent and coordinated; be capable of facilitating the realization of the right; prioritize the needs of those in the most desperate situations; make appropriate financial and human resources available; be balanced and flexible; make appropriate provision for short-, medium- and long-term needs; be reasonably conceived and implemented; and be transparent. Through that approach, the Court clarified that, while it is the role of the Government to determine precise policies and programmes, it is the proper role of courts to assess whether policies and programmes are in compliance with human rights. In Grootboom, the Court found that the State's programmes failed to address as a priority the circumstances of those in the most desperate situations, and required the Government to take measures to correct this.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 40
- Paragraph text
- It is therefore the Government that has the power and obligation to resist the temptation of investing in and prioritizing only neighbourhoods where interventions are less expensive and complex. The State has the ultimate obligation to realize the rights to sanitation and water for all, including the poorest in society. It must not discriminate against people living in certain areas, but rather must pay specific attention to the most marginalized. To that end, it must develop a comprehensive and coherent approach that may or may not involve non-State actors in the provision of services to currently unserved and underserved areas. When involving private actors, the Government must carefully consider where it contracts for private sector participation, what coverage is to be achieved in the designated areas and what service levels have to be met, and negotiate the contract accordingly. Like any other instrument delegating service provision, the contract should include clear goals, such the targets to be reached, investment levels and pricing arrangements. The State also has to consider what additional measures are necessary in terms of subsidies and other instruments, which will be further discussed below.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
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).
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 80
- Paragraph text
- 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.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 21
- Paragraph text
- At a very minimum, State-owned companies have the same responsibilities as other businesses and must comply with the national regulatory framework. When State-owned companies act as arms of government or implementing agents of government policy, the State must ensure policy coherence and guarantee that the activities of those companies contribute to the realization of the human rights to water and sanitation.
- 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
- 2017
- Date added
- Aug 19, 2019
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 14
- Paragraph text
- Violations of the obligation to fulfil include the State’s failure to take steps to establish a regulatory framework in line with human rights standards, and the failure to ensure, through its regulatory framework, that the minimum essential level of water and sanitation services is enjoyed by everyone.
- 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
- 2017
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 30
- Paragraph text
- States must respect, protect and fulfil the human rights to water and sanitation in the development cooperation projects they finance, at both the national and extraterritorial levels. However, the human rights-based approach still has not been well incorporated by policymakers, sector experts or practitioners in development cooperation in the water and sanitation sector.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 11
- Paragraph text
- More specifically with respect to the human right to water, the Committee on Economic, Social and Cultural Rights explained that States parties are obligated to respect the enjoyment of that right in other countries, to refrain from actions that interfere with the enjoyment of the right to water in other countries and to prevent their own citizens and companies from violating the right to water of individuals and communities in other countries. In addition, the Committee indicated that States should facilitate realization of the right to water in other countries, for example through provision of water resources, financial and technical assistance and necessary aid when required, in a manner that is consistent with the Covenant and other human rights standards and that is sustainable and culturally appropriate. The economically developed States have a special responsibility and interest to assist the poorer developing States in that regard. The Committee also elaborated on the responsibility of States through multilateral organizations, indicating that State 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 (see E/C.12/2002/11, paras. 33, 34 and 36).
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 76
- Paragraph text
- Ensuring the affordability of water and sanitation services requires an effective legal and policy framework, which includes a strong regulatory system. The International Water Association Lisbon Charter recognizes the importance of regulation, recommending that regulators "supervise tariff schemes to ensure they are fair, sustainable and fit for purpose; promoting efficiency and affordability".
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 53
- Paragraph text
- Where States choose to adopt universal systems for subsidizing service provision, they need to ensure that these are truly universal rather than reaching only as far as networked provision does. Financing for universal access, and indeed the universal realization of human rights, does not necessarily require one universal system. On the contrary, in many countries it will mean additional approaches that are targeted to reach people beyond utility networks.
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Different levels and types of services and the human rights to water and sanitation 2015, para. 87
- Paragraph text
- The strength of the human rights framework lies in combining the priority on achieving an essential level of service for all with the concept of progressively improving services together with the framework of substantive equality. Assessing who is unserved or underserved through the lens of non-discrimination and equality demands policymakers to address the structural causes for which many people have been disadvantaged through comprehensive measures.
- 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
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Different levels and types of services and the human rights to water and sanitation 2015, para. 30
- Paragraph text
- The Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention), an instrument providing useful guidance on participation even beyond its regional scope, requires that public bodies take due account of the outcome of public participation and notify the public of the decision made, giving reasons and spelling out what was considered in reaching the decision.
- 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
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Different levels and types of services and the human rights to water and sanitation 2015, para. 27
- Paragraph text
- Equality and non-discrimination are the central tenet of human rights, and are linked under human rights law. For individuals and groups to enjoy full equality, States must take all necessary steps to ensure substantive equality, which means preventing discrimination in both legislation and policies and in practice. The principle of non-discrimination is immediately binding for all levels and entities of a State, in all spheres and at all times.
- 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
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Different levels and types of services and the human rights to water and sanitation 2015, para. 7
- Paragraph text
- A sufficient number of sanitation facilities has to be available. The necessary structures also have to be put in place to ensure the availability of services, such as policies programmes, institutions and sufficient personnel able to construct, maintain and manage the delivery of services.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
Different levels and types of services and the human rights to water and sanitation 2015, para. 34
- Paragraph text
- Poor and marginalized individuals and communities are often the passive objects of policymaking, excluded from public debate, unable to participate in political life and prevented from influencing the decisions that have a profound effect on their everyday lives. Access to information helps balance the unequal power dynamic that exists between marginalized individuals and groups and the State and other bodies such as service providers.
- 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
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 78
- Paragraph text
- Given this context, the notion of restorative remedies for violations, whereby the status quo ante is restored, may fall short of addressing the underlying violations at the structural or systemic level. Consequently, transformative remedies, which aim not only to correct direct violations but also the underlying structural conditions, are required in order to provide comprehensive remedies to structural and systemic violations. Examples of such transformative remedies are participatory structural injunctions that require the State to adopt a plan to correct a structural violation with the meaningful participation of beneficiaries and report back to the court on progress made. This allows courts to supervise progress and make ancillary orders to ensure that both the process and outcomes are consistent with the rights to water and sanitation. As such, transformative remedies can move claimants further towards the full enjoyment of human rights. Without such remedies, there is a risk that access to justice will be limited to those people who are in a position to seek remedies for themselves and will preclude claims in the public interest. States may need to ensure that their constitutional and legislative frameworks clearly give their judicial systems the responsibility to provide systemic remedies and to accept complaints in the public interest.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- 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. 38
- Paragraph text
- Violations may result from failure: (a) to design and implement a strategy based on human rights standards and principles; (b) to identify and meet targets in line with human rights standards; (c) to ensure effective monitoring and accountability; and (d) to target vulnerable or marginalized communities.
- 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
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 33
- Paragraph text
- International organizations may also contribute to the perpetration of violations, which calls for enhanced accountability. Article 55 (c) of the Charter of the United Nations stipulates that the United Nations shall promote "universal respect for, and observance of, human rights and fundamental freedoms for all". It would go against the very object and purpose of the Charter if the United Nations itself were not required to respect the human rights law it promotes.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- 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. 81
- Paragraph text
- Participatory approaches to monitoring and evaluation are gaining ground. Participatory monitoring and evaluation differs from conventional approaches in that local people take charge of the process. The participants themselves design the methodology, define the indicators, collect and analyse the data and decide how it should inform action.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- 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. 72
- Paragraph text
- Transparency and participation must be safeguarded in tendering, bidding, negotiating contracts, deciding on the rate model and on the extension of services. The terms of reference and the draft contract should be made available for public scrutiny and comment. The State can protect the right to participation through contractual arrangements with non-State service providers and through its regulatory role.
- 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
- 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. 62
- Paragraph text
- Participation in decisions on financing and budgeting is extremely important. If people are not involved in decisions on the allocation of resources, then legislation and policies, however well designed, may not translate into prioritization. However, public participation, or even information, in the area of finance is the exception rather than the rule.
- 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
- 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. 9
- Paragraph text
- The right to participation is enshrined in numerous human rights instruments. The Universal Declaration of Human Rights sets out in article 21 (a) that everyone has the right to take part in the government of their country. The Declaration on the Right to Development, which has come to significantly influence the understanding of participation, states in article 2 (3) that participation to be "active, free and meaningful".
- 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
- 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. 70
- Paragraph text
- Transparency cannot be achieved by simply making budgets publicly available, but not making the data accessible. In order for members of affected communities and civil society to work together with governments to find workable long-term solutions that promote sustainability, there is also a need for education with respect to understanding budgets and budgetary processes, as well as true participation by affected communities in the decision-making processes.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- 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. 69
- Paragraph text
- Transparent budgeting is central to the realization of the rights to water and sanitation and all other human rights. It fosters accountability and public participation, and contributes to greater predictability and long-term planning. This has clear benefits for the sustainability of water and sanitation systems.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph