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The human right to water and sanitation legal obligations

Dormaringan Hs
Dormaringan Hs

The document discusses the mandate of the UN Special Rapporteur on the human rights to water and sanitation. The Special Rapporteur conducts research on themes related to these rights, carries out country missions to investigate how these rights are respected, receives allegations of violations, and advises governments, UN agencies, and other stakeholders on measures to realize these rights. The mandate aims to promote the legal obligations of the rights to water and sanitation and bring tangible benefits through improved access, quality, and affordability of water and sanitation services.

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THE HUMAN RIGHTS TO WATER AND SANITATION SPECIAL RAPPORTEUR LEGAL OBLIGATIONS WITH TANGIBLE BENEFITS The rights to sanitation and water are guaranteed as implicit ON THE HUMAN RIGHT TO THE SPECIAL RAPPORTEUR components of the right to an adequate standard of living as ON THE HUMAN RIGHT TO stipulated in Art. 11 of the International Covenant on Economic, Social and Cultural Rights. They can be specified by a number of SAFE DRINKING SAFE DRINKING WATER AND SANITATION criteria: WATER AND SANITATION The mandate of the Special Rapporteur on the human right to safe drinking water and sanitation was first established in 2008 AVAILABILITY: The human right to water entitles everyone to (initially entitled Independent Expert on the human rights obliga- sufficient and continuous water for personal and domestic uses. tions related to access to safe drinking water and sanitation). This Likewise, a sufficient number of sanitation facilities has to be available. mandate is part of a larger system of special procedures mandates, who are experts appointed by the UN Human Rights Council to study specific human rights themes or examine the QUALITY: Water has to be safe for consumption and other situation in specific countries. As Special Rapporteur, Ms. de personal uses, so that it presents no threat to human health. Albuquerque carries out a variety of activities: Sanitation facilities must be hygienically and technically safe to use. To ensure hygiene, access to water for cleansing and hand washing critical times is essential. (A) Conducts research on various themes and presents reports on these issues to the Human Rights Council and the General Assem- bly. ACCEPTABILITY: Sanitation facilities, in particular, have to be culturally acceptable. This will often require gender-specific facilities, constructed in a way that ensures privacy and dignity. (B) Conducts country missions to investigate the enjoyment of the rights to water and sanitation in specific contexts. ACCESSIBILITY: Water and sanitation services must be acces- (C) Receives allegations of violations of the rights to water and sible to everyone within, or in the immediate vicinity, of house- sanitation and enters into a dialogue with Governments about hold, health and educational institution, public institutions and these allegations. places and workplace. Physical security must not be threatened when accessing facilities. (D) Advises Governments, UN agencies, civil society and other stakeholders on measures required for the realisation of the rights to water and sanitation. AFFORDABILITY: The price of sanitation and water services must be affordable for all without compromising the ability to pay for other essential necessities guaranteed by human rights (E) Issues public statements on situations of concern or in such as food, housing and health care. commemoration of particular events. For more information on the mandate of the Special Rapporteur, HUMAN RIGHTS TO please visit: WATER & www.ohchr.org/srwaterandsanitation You can contact the Special Rapporteur at: srwatsan@ohchr.org Sanitation UN SPECIAL RAPPORTEUR
HUMAN RIGHTS TO WATER & Sanitation UN SPECIAL RAPPORTEUR have access, and why. What I often see is that it is always the same Where do you see the role of the State in this? groups and individuals who are left out, namely the ones who face physical, institutional, cultural, language or other barriers such as SR: The human rights framework places the primary responsibility for women, children, slum dwellers, people living in rural areas, people the realisation of human rights on the State. The State has to come A conversation between the Special Rapporteur on the human right living in poverty, indigenous groups, minorities, and person with up with a strategy for progressively achieving universal access. It will to water and sanitation and different stakeholders including State disabilities. Human rights prohibit discrimination and focus on these involve other actors in service provision, or for monitoring and regulat- representatives, development practitioners, individuals and NGO situations of systematic exclusion, deprivation and discrimination, ing provision, but it must create the overall enabling environment representative. and require targeted interventions to benefit these groups and and framework and ensure that human rights standards are met. I individuals. have often observed that roles and responsibilities are not clearly defined. Transparent lines of accountability assist responsible parties Human rights experts often criticize development actions for not to know their obligations, and help individuals to know their rights and enhancing the participation of people in the decision-making how to claim them. States also have to make the necessary mecha- process, although consulting people is an imperative of develop- nisms available and provide remedies. Only when all this comes Access to water and sanitation is already at the core of development ment interventions. What is the kind of participation required by together can human rights commitments become real and tangible policies. Why should we rather use the human rights framework? human rights? in peoples lives. The Special Rapporteur (SR): Many development policies demon- SR: Human rights understand participation as genuine empower- strate strong political commitment to put water and sanitation on the ment, rather than mere consultation and provision of information. agenda. But human rights can make a difference: They do not leave Active, free and meaningful participation requires a concrete the provision of water and sanitation to the States discretion, but opportunity to express demands and concerns and influence constitute legally binding obligations entailing concrete standards to decisions. This relies on providing information through multiple be achieved. As such, they provide a clear reference and entry channels, enabling participation in transparent and inclusive points for political, legal and institutional reform. processes, and strengthening the capacities of individuals and civil society to engage. Human rights-based approaches aim to better Arent human rights just words? How can they make a difference to respond to peoples needs and priorities including those normally people living in slums? excluded. By achieving community ownership, they help to realise more sustainable interventions. SR: Human rights stress that all individuals, including, of course, slum dwellers, are entitled to water and sanitation. Human rights provide In many countries, NGOs have been active for decades. Over time an objective, non-negotiable normative basis and a source of they have come to understand the needs of the people and how to authority and legitimacy to claim these rights. Moreover, human help them. In turn, people have learnt to trust them and are satisfied rights aim to address underlying structural causes such as the lack with their work. Dont you think that we should build on this? of secure tenure in slums to achieve real and sustainable changes and produce more equitable and sustainable development SR: I am aware of the crucial role that NGOs play in service provision, outcomes. precisely because of their often close connection with the local population. Many people would be in a much worse situation In countries which have already achieved impressive progress in without these services. But, as development NGOs have themselves ensuring access to sanitation and water for great proportions of the recognised, in the long run this is often not enough to bring about population over the past years, what difference would human rights sustainable change. Where development aid is perceived as a make? question of charitable benevolence, it fails to raise the awareness that water and sanitation are human rights, does not create SR: Even though some States have achieved remarkable results and community empowerment and risks generating dependency on it is a step towards the realisation of the rights to water and sanitation, external NGOs, allowing for negligence on the part of the State. human rights are not only concerned with the percentage of people Human rights empower people to claim their rights, strengthening who enjoy access to sanitation and water, but also with who does not peoples own agency in their own development.

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The human right to water and sanitation legal obligations

  • 1. THE HUMAN RIGHTS TO WATER AND SANITATION SPECIAL RAPPORTEUR LEGAL OBLIGATIONS WITH TANGIBLE BENEFITS The rights to sanitation and water are guaranteed as implicit ON THE HUMAN RIGHT TO THE SPECIAL RAPPORTEUR components of the right to an adequate standard of living as ON THE HUMAN RIGHT TO stipulated in Art. 11 of the International Covenant on Economic, Social and Cultural Rights. They can be specified by a number of SAFE DRINKING SAFE DRINKING WATER AND SANITATION criteria: WATER AND SANITATION The mandate of the Special Rapporteur on the human right to safe drinking water and sanitation was first established in 2008 AVAILABILITY: The human right to water entitles everyone to (initially entitled Independent Expert on the human rights obliga- sufficient and continuous water for personal and domestic uses. tions related to access to safe drinking water and sanitation). This Likewise, a sufficient number of sanitation facilities has to be available. mandate is part of a larger system of special procedures mandates, who are experts appointed by the UN Human Rights Council to study specific human rights themes or examine the QUALITY: Water has to be safe for consumption and other situation in specific countries. As Special Rapporteur, Ms. de personal uses, so that it presents no threat to human health. Albuquerque carries out a variety of activities: Sanitation facilities must be hygienically and technically safe to use. To ensure hygiene, access to water for cleansing and hand washing critical times is essential. (A) Conducts research on various themes and presents reports on these issues to the Human Rights Council and the General Assem- bly. ACCEPTABILITY: Sanitation facilities, in particular, have to be culturally acceptable. This will often require gender-specific facilities, constructed in a way that ensures privacy and dignity. (B) Conducts country missions to investigate the enjoyment of the rights to water and sanitation in specific contexts. ACCESSIBILITY: Water and sanitation services must be acces- (C) Receives allegations of violations of the rights to water and sible to everyone within, or in the immediate vicinity, of house- sanitation and enters into a dialogue with Governments about hold, health and educational institution, public institutions and these allegations. places and workplace. Physical security must not be threatened when accessing facilities. (D) Advises Governments, UN agencies, civil society and other stakeholders on measures required for the realisation of the rights to water and sanitation. AFFORDABILITY: The price of sanitation and water services must be affordable for all without compromising the ability to pay for other essential necessities guaranteed by human rights (E) Issues public statements on situations of concern or in such as food, housing and health care. commemoration of particular events. For more information on the mandate of the Special Rapporteur, HUMAN RIGHTS TO please visit: WATER & www.ohchr.org/srwaterandsanitation You can contact the Special Rapporteur at: srwatsan@ohchr.org Sanitation UN SPECIAL RAPPORTEUR
  • 2. HUMAN RIGHTS TO WATER & Sanitation UN SPECIAL RAPPORTEUR have access, and why. What I often see is that it is always the same Where do you see the role of the State in this? groups and individuals who are left out, namely the ones who face physical, institutional, cultural, language or other barriers such as SR: The human rights framework places the primary responsibility for women, children, slum dwellers, people living in rural areas, people the realisation of human rights on the State. The State has to come A conversation between the Special Rapporteur on the human right living in poverty, indigenous groups, minorities, and person with up with a strategy for progressively achieving universal access. It will to water and sanitation and different stakeholders including State disabilities. Human rights prohibit discrimination and focus on these involve other actors in service provision, or for monitoring and regulat- representatives, development practitioners, individuals and NGO situations of systematic exclusion, deprivation and discrimination, ing provision, but it must create the overall enabling environment representative. and require targeted interventions to benefit these groups and and framework and ensure that human rights standards are met. I individuals. have often observed that roles and responsibilities are not clearly defined. Transparent lines of accountability assist responsible parties Human rights experts often criticize development actions for not to know their obligations, and help individuals to know their rights and enhancing the participation of people in the decision-making how to claim them. States also have to make the necessary mecha- process, although consulting people is an imperative of develop- nisms available and provide remedies. Only when all this comes Access to water and sanitation is already at the core of development ment interventions. What is the kind of participation required by together can human rights commitments become real and tangible policies. Why should we rather use the human rights framework? human rights? in peoples lives. The Special Rapporteur (SR): Many development policies demon- SR: Human rights understand participation as genuine empower- strate strong political commitment to put water and sanitation on the ment, rather than mere consultation and provision of information. agenda. But human rights can make a difference: They do not leave Active, free and meaningful participation requires a concrete the provision of water and sanitation to the States discretion, but opportunity to express demands and concerns and influence constitute legally binding obligations entailing concrete standards to decisions. This relies on providing information through multiple be achieved. As such, they provide a clear reference and entry channels, enabling participation in transparent and inclusive points for political, legal and institutional reform. processes, and strengthening the capacities of individuals and civil society to engage. Human rights-based approaches aim to better Arent human rights just words? How can they make a difference to respond to peoples needs and priorities including those normally people living in slums? excluded. By achieving community ownership, they help to realise more sustainable interventions. SR: Human rights stress that all individuals, including, of course, slum dwellers, are entitled to water and sanitation. Human rights provide In many countries, NGOs have been active for decades. Over time an objective, non-negotiable normative basis and a source of they have come to understand the needs of the people and how to authority and legitimacy to claim these rights. Moreover, human help them. In turn, people have learnt to trust them and are satisfied rights aim to address underlying structural causes such as the lack with their work. Dont you think that we should build on this? of secure tenure in slums to achieve real and sustainable changes and produce more equitable and sustainable development SR: I am aware of the crucial role that NGOs play in service provision, outcomes. precisely because of their often close connection with the local population. Many people would be in a much worse situation In countries which have already achieved impressive progress in without these services. But, as development NGOs have themselves ensuring access to sanitation and water for great proportions of the recognised, in the long run this is often not enough to bring about population over the past years, what difference would human rights sustainable change. Where development aid is perceived as a make? question of charitable benevolence, it fails to raise the awareness that water and sanitation are human rights, does not create SR: Even though some States have achieved remarkable results and community empowerment and risks generating dependency on it is a step towards the realisation of the rights to water and sanitation, external NGOs, allowing for negligence on the part of the State. human rights are not only concerned with the percentage of people Human rights empower people to claim their rights, strengthening who enjoy access to sanitation and water, but also with who does not peoples own agency in their own development.
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