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Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 38
- Paragraph text
- As mentioned above, unethical recruitment practices and how they represent a risk of forced labour and trafficking in persons are not widely acknowledged within the private sector or among the stakeholders that participate in the standard-setting process. While some initiatives, such as the Ethical Trading Initiative or Social Accountability International, were created to uphold a strong labour rights component, others, such as the Marine Stewardship Council, were established primarily with an environmental focus. As a result, the level of sophistication in developing indicators that can effectively account for companies’ risk practices in this area varies from one initiative to another. The differences among initiatives regarding their original motivation may not only have an impact in the standard-setting and revision process but may also affect a multi-stakeholder initiative’s success in establishing an assurance programme that effectively monitors businesses compliance with a trafficking standard.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 36
- Paragraph text
- Some examples of industry coalitions are the Electronic Industry Citizenship Coalition and the Business Social Compliance Initiative of the Foreign Trade Association. The Coalition brings together companies such as Apple, HP and Intel and has developed a code of conduct and audit scope that includes extensive references to issues such as unethical recruitment practices. The Business Social Compliance Initiative is a cross-sectoral initiative that has also developed a code of conduct and an implementation plan, including auditing, a capacity-building programme for businesses, including for suppliers, and alternative stakeholder engagement activities. As mentioned above, standards and an assurance programme alone are not sufficient to embed the standards into a company’s business model. Thus, many multi-stakeholder initiatives and industry coalitions develop, in parallel, capacity-building programmes and other awareness-raising activities for their stakeholders to help promote the standards and their implementation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (h)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Number of undocumented migrants who have been regularized;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (d)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Increased pre-departure and post-arrival training of migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 39
- Paragraph text
- United Nations agencies have also summarized the measures they perceived to be needed to discourage demand, noting that: Examples of measures to address the demand side are measures to broaden awareness; attention and gender-sensitive research into all forms of exploitation and forced labour and the factors that underpin its demand; to raise public awareness on products and services that are produced by exploitative and forced labour; to regulate, license and monitor private recruitment agencies; to sensitize employers not to engage victims of trafficking or forced labour in their supply chain, whether through subcontracting or directly in their production; to enforce labour standards through labour inspections and other relevant means; to support the organisation of workers; to increase the protection of the rights of migrant workers; and/or to criminalize the use of services of victims of trafficking or forced labour.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 20
- Paragraph text
- The impact of free trade and international investment agreements on human rights is broadly recognized as including issues such as land rights, environmental degradation, poverty, the State's regulatory and protective capacity, democratic deficit and challenges to the rule of law in relation to the development and enforcement of such agreements and the Government's ability to provide services such as health and water. Those issues have been recognized within the human rights and business agenda. The issue was discussed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, and is included within principle 9 of the Guiding Principles on Business and Human Rights. The principle articulates that "States should maintain adequate domestic policy space to meet their human rights obligations when pursuing business-related policy objectives with other States or business enterprises, for instance through investment treaties or contracts".
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Extractive industries and indigenous peoples 2013, para. 35
- Paragraph text
- The Special Rapporteur observes that in a number of cases States have asserted the power to expropriate indigenous property interests in land or surface resources in order to have or permit access to the subsurface resources to which the State claims ownership. Such an expropriation being a limitation of indigenous property rights, even if just compensation is provided, a threshold question in such cases is whether the limitation is pursuant to a valid public purpose. The Special Rapporteur cautions that such a valid public purpose is not found in mere commercial interests or revenue-raising objectives, and certainly not when benefits from the extractive activities are primarily for private gain. It should be recalled that under various sources of international law, indigenous peoples have property, cultural and other rights in relation to their traditional territories, even if those rights are not held under a title deed or other form of official recognition. Limitations of all those rights of indigenous peoples must, at a minimum, be backed by a valid public purpose within a human rights framework, just as with limitations on rights formally recognized by the State.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 35
- Paragraph text
- Related to capacity-building and the strengthening of self-government, indigenous peoples should be provided with the opportunity to participate as equal partners in the development process when both their particular interests and the interests of the larger societies of which they form a part are implicated. In his experience working together with State officials and representatives of private industry, the Special Rapporteur has observed, in general, a lack of consideration of options for indigenous peoples to be real partners in development activities. Real partnership would require indigenous peoples to be able to genuinely influence decisions concerning the development activities, fully participate in their design and implementation and directly benefit from any economic or other benefits that are derived from them.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Occupational health 2012, para. 14
- Paragraph text
- Many in the formal workforce find themselves in a situation similar to those in the informal workforce. There is a growing trend toward contractualization and informalization of formal work, a process by which workers become their own employers and thereby may lose occupational health protections otherwise afforded to them as employees. At the same time, many developed economies are systematically moving away from standard work-full-time, year-round, permanent wage employment with a single employer with adequate statutory benefits and entitlements -, leading to an increase in part-time, casual, temporary, self-employed or contingent workers. While such workers are not technically part of the informal economy because their work and workplaces are likely to be still regulated, they may face difficulties similar to those faced by informal workers. For example, in many developed economies, employers are not required to provide health benefits to part-time and temporary employees. Both contractualization and the trend towards replacing standard work with atypical work often represent attempts by employers to evade their responsibility under existing occupational health regimes.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 61
- Paragraph text
- Recent years have witnessed various attempts to regulate the impact of business activities on human rights outside of the territorial boundaries of the home State. Notably the Guiding Principles on Business and Human Rights (2011) underlined that States "should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction respect human rights throughout their operations" and clarified the responsibility of TNCs and other business enterprises to respect human rights. Similarly The United Nations Global Compact (2000) urges TNCs to respect workers' rights and human rights; and the OECD Guidelines call on enterprises to respect human rights. In 2011, a group of experts in international law and human rights adopted the Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights, which provide that States are responsible for violations of economic, social and cultural rights by non-State actors, including corporations in cases where these non-State actors act under the instructions or direct control of the State, or are empowered by the State to exercise elements of governmental authority.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 19
- Paragraph text
- Under the Modern Slavery Act, companies with a total turnover of over £36 million conducting business, or part of a business, in any part of the United Kingdom are required to publish an annual slavery and human trafficking statement to disclose the steps the organization has taken during the financial year to ensure that slavery and human trafficking is not taking place in any of its supply chains and in any part of its own business. Companies may also provide a statement that the organization has taken no such steps. The statement may include information on the company’s structure and its supply chains, its policies and due diligence processes to combat human trafficking and slavery, specific parts of its business and supply chains that may be exposed to higher risks and steps taken to mitigate such risks, the effectiveness of such efforts, and training made available for its staff. In addition, the statement must be signed by the highest level of management. The duties imposed under the Modern Slavery Act can be enforced in civil proceedings undertaken by the authorities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 68
- Paragraph text
- How then should human rights actors and institutions respond to the crisis of economic insecurity and the phenomena associated with it? And where might a campaign to achieve a basic income fit into the overall equation?
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 57
- Paragraph text
- Finally, a simulation for the region of Catalonia, in Spain, suggests that a basic annual income of €7,968 for those aged over 18 and of €1,594 for minors would require a 49.57 per cent flat tax rate and extra financing of €7 billion.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 28
- Paragraph text
- Van Parijs and Vanderborght acknowledge, however, that while Green parties in Europe and the United States are generally supportive of basic income, the concept does not draw strong support from socialist, Christian Democrat or liberal parties.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 11
- Paragraph text
- Under a basic income system, regular payments would be made to recipients, for example on a monthly basis. Predictability and continuity ensure that redistributive and poverty-reducing goals are met, whereas one-time only payments or lump sums do not ensure a consistent floor.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (c)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Increased regulation and effective monitoring of the recruitment industry;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (b)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Reduction of upfront costs for migrants, especially recruitment fees;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 2.7.
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Increase labour inspections in private households for the protection of migrant domestic workers
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (h)
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Increased number of accessible visas and work permits provided at all skill levels;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (e)
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Increased number of regional and bilateral mobility agreements;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The role of digital access providers 2017, para. 28
- Paragraph text
- These competing considerations have led to variations in regulatory approaches. In India, public concern over Facebook’s Free Basics culminated in a ban on any arrangement that “has the effect of discriminatory tariffs for data services being offered or charged to the consumer on the basis of content”. Restrictions on zero rating are in effect in Chile, Norway, the Netherlands, Finland, Iceland, Estonia, Latvia, Lithuania, Malta and Japan. In contrast, the United States, followed later by the Body of European Regulators for Electronic Communications (BEREC), adopted guidelines involving a case-by-case approach. States that adopt a case-by-case approach should carefully scrutinize and, if necessary, reject arrangements that, among other things, zero-rate affiliated content, condition zero rating on payment or favour access to certain applications within a class of similar applications (for example, zero rating certain music streaming services rather than all music streaming). Additionally, States should require meaningful corporate disclosures about network traffic management practices. For example, Chile requires ISPs to disclose Internet access speeds, price or speed differentials between national and international connections, and related service guarantees.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Development cooperation in the water and sanitation sector 2016, para. 20
- Paragraph text
- Nevertheless, the overall global increase in funding to the sector masks significant annual variations in disbursed funds and funding modalities. Regarding funding commitments, for the 2010-2012 period, 41 per cent of aid commitments were grants and 59 per cent were concessional loans. In addition, critical reviews of development cooperation flows indicate that the available data on those flows may be fragmented at best. That could be due in part to a lack of collaboration between funders to provide consolidated, reliable, accurate and disaggregated data. Regarding disaggregation, the majority of development projects registered in the relevant database of the Organization for Economic Cooperation and Development (OECD), accounting for more than half of the amount of funds dedicated to the sector, do not clearly indicate, for example, whether rural or urban areas have been targeted. Considering the markedly lower levels of access to adequate water and sanitation services in rural areas compared with urban areas, that information gap indicates a need for improved reporting by Member States. Another noteworthy source of data inaccuracy is the non-inclusion of important interventions in informal settlements because those are considered to be part of so-called "slum/squatter upgrading".
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 88
- Paragraph text
- In addition, the Special Rapporteur encourages the treaty bodies and other human rights monitoring mechanisms to pay increasing attention to the affordability of water and sanitation service provision in the particular contexts people live in.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 87h
- Paragraph text
- [The Special Rapporteur offers the following recommendations. States should take the following measures:] Give careful thought particularly to ensuring the affordability of sanitation provision, where costs are frequently underestimated;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 87b
- Paragraph text
- [The Special Rapporteur offers the following recommendations. States should take the following measures:] Ensure transparency about existing and planned financing mechanisms and subsidies;
- 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
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 85
- Paragraph text
- For households that receive water and sanitation through utilities, data is available through the International Benchmarking Network for Water and Sanitation Utilities, which includes data on water tariffs charged by a significant number of utilities. Beyond such existing initiatives, a review of potential indicators demonstrates the complexity of monitoring affordability. Determining and monitoring the costs of non-networked supply and including them into measures of affordability is particularly challenging, but essential from the perspective of human rights. Focusing solely on utility tariffs bears the risk of severely underestimating expenses and would paint an overly positive picture of affordability that only captures the better-off, while neglecting the very real challenges that the most disadvantaged people and communities face in accessing water and sanitation. This review shows that monitoring affordability in its complexity (including water, sanitation and hygiene access expenditure) is feasible, but would require a combination and analysis of data from different sources. The Special Rapporteur encourages States and international organizations to explore these options further to ensure more comprehensive monitoring of the affordability of access to services.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- 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. 12
- Paragraph text
- Use of sanitation facilities and services must be available at a price that is affordable to all people (see A/HRC/30/39). This must include all associated costs, ranging from regular tariffs to connection fees in the case of networked provision, to costs of on-site solutions such as the construction or maintenance of pit latrines and septic tanks. There are often costs that go unrecognized when planning for technical solutions. For example, on-site technologies may require regular maintenance, including the emptying of pits or septic tanks and the sludge management. Sanitation based on a flush toilet generally requires payment for additional quantities of water. Paying for these services must not limit people's capacity to acquire other basic goods and services guaranteed by human rights, such as the right to food, housing, health and education. Affordability does not necessarily require services to be provided free of charge. People are generally expected to contribute according to their means. However, when people are unable, for reasons beyond their control, to access sanitation through their own means, the State is obliged to find solutions for ensuring their access to sanitation free of charge.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Wastewater management in the realization of the rights to water and sanitation 2013, para. 20
- Paragraph text
- In 2010, the human right to water and sanitation was explicitly recognized by the General Assembly and the Human Rights Council, and is guaranteed as a component of the human right to an adequate standard of living. The Special Rapporteur, in her capacity as an independent expert on the issue of human rights obligations related to access to safe drinking water and sanitation, defined sanitation from a human rights perspective as a system for the collection, transport, treatment and disposal or reuse of human excreta and associated hygiene. The Special Rapporteur has stated that States must ensure without discrimination that everyone has physical and economic access to sanitation, in all spheres of life, which is safe, hygienic, secure, socially and culturally acceptable, provides privacy and ensures dignity. She further considers that domestic wastewater, which flows from toilets, sinks and showers, should be included in the description of sanitation insofar as water regularly contains human excreta and the by-products of the associated hygiene (see A/HRC/12/24, paras. 63 and 87). The Committee on Economic, Social and Cultural Rights endorsed this definition at its forty-fifth session in its statement on the right to sanitation. (E/C.12/2010/1).
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2013
- 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
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 9
- Paragraph text
- Private sector participation is commonly used to refer to a broad spectrum of contractual arrangements between governments and the private sector that involve private companies in varying degrees in the provision of water and sanitation services. They differ according to the ownership of assets, the responsibility for capital investments, the allocation of risks, the responsibility for operations and maintenance, and the typical contract duration. For instance, while the model of concessions confers the management, risk and responsibility for investment on the private sector, private sector participation can also be limited to contracting out some aspects of management or service provision. In many cases, the system cannot be designated as exclusively public or private but instead takes on a hybrid nature, also in the form of joint ventures. The oft-used term "privatization" obscures the fact that full-scale privatization, that is, divestiture including the transfer of assets, is a rare exception rather than the norm. To avoid imprecision and confusion, the independent expert will not use the term, but will rather mention private sector participation when referring specifically to the private sector.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph