the right to water and sanitation 1 corinne waelti, seecon international gmbh
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The Right to Water and Sanitation
The Right to Water and Sanitation
1
Corinne Waelti, seecon international gmbh
The Right to Water and Sanitation
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The Right to Water and Sanitation
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Contents
1. Introduction
2. Normative Content
3. National Implementation
4. Summary
5. References
3
The Right to Water and Sanitation
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The overall Problem
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1. Introduction
The human right to water
The right to water entitles every person to access a sufficient amount of clean and affordable water for personal and domestic use.
The human right to sanitation
The right to sanitation is access to, and use of, excreta and wastewater facilities and services that ensure privacy and dignity.
Both rights are implicitly contained in Art. 11 and 12 of the International Covenant on Economic, Social and Cultural Rights (UN Pact I).
Source: http://openclipart.org/detail/23722
The Right to Water and Sanitation
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Accessibility to Water and Sanitation needs to be:
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2. Normative Content
• Within safe physical reach for each person
• Within the immediate vicinity of each household, education institution and workplace
• Affordable for all
• Provided in a non-discriminatory manner
• Provided sufficiently and continuously
• Of good enough quality (free from microorganisms, chemical substances and radiological hazards)
UN COMMITTEE&CESCR (2002)
The Right to Water and Sanitation
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Obligations of the State Parties to the Covenant
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2. Normative Content
UN COMMITTEE&CESCR (2002)
Respect:
Refrain from interfering with the right to water and sanitation.
Protect:
Prevent third parties from interfering.Fulfil:
Facilitate, promote, and provide.
State Parties
Cooperate and assist each other
The Right to Water and Sanitation
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National level
International level
Implementation of Water Rights
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3. National Level
Clear set of principles and goals
Translation into specific frameworks adapted to the needs and conditions of each country
Guidance
Government
United Nations
UN Pact I
• Policy formulation
• Regulation
• Provision of services
COHRE et al. (2007)
The Right to Water and Sanitation
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National level
International level
Implementation of Water Rights
8
3. National Level
Clear set of principles and goals
Translation into specific frameworks adapted to the needs and conditions of each country
Guidance
Government
United Nations
UN Pact I
• Policy formulation
• Regulation
• Provision of services
Individuals
Communities
Civil society organisations Independent
monitoring bodies
International organisations
Water users
Private service providers
Key Actors
COHRE et al. (2007)
The Right to Water and Sanitation
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Prerequisites for successful Implementation of Water Rights
9
3. National Level
COHRE et al. (2007)
Successfulimplementati
on
Awareness
Human capacity &
funding Planned process
Field-level government
officials
Community ownership
Mediation through an
NGO
The Right to Water and Sanitation
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• A clear understanding: Everyone should know what the right to water means.
• Awareness and education: The public and consumers must be informed about their rights and duties.
• Community participation: All stakeholders should be included in the decision-making process.
• Improving the enforcement of the right to water: Every person should be able to seek justice on the national and international level.
• Domestic and international solidarity schemes: Ensuring the access for poor/rural areas and marginalised groups.
• Linking access to water with access to sanitation.
Key Activities for successful Implementation of Water Rights
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3. National Level
WORLD WATER COUNCIL (2006)
The Right to Water and Sanitation
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Implementation Benefits
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3. National Level
• Improved accountability
• Focus on vulnerable and marginalised groups
• Increased participation in decision-making
• Individual and community empowermentCOHRE et al. (2007)
Source: WSP (2000)
The Right to Water and Sanitation
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Successfully implementing the Human Right to Water and Sanitation
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4. Summary
Normative criteria for a full realisation of rights
• Availability (sufficient supply)
• Accessibility• Quality/safety• Affordability• Acceptability (culturally
acceptable facilities)
Cross-cutting criteria for good practices
• Non-discrimination• Participation• Accountability• Impact (Resulting in better
enjoyment of Human Rights)
• Sustainability (long-lasting and continuous impacts)
AGUASAN (2011)
The Right to Water and Sanitation
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13
5. ReferencesAGUASAN (2011): Water and Sanitation Are Human Rights – So What? 27th AGUASAN Workshop in Gwatt, Switzerland. URL: http://www.skat.ch/publications/prarticle.2005-09-29.5069774463/prarticle.2005-09-29.1875579521 [Accessed: 12.06.2012].
COHRE (Editor), AAAS (Editor), SDC (Editor), UN-HABITAT (Editor) (2007): Manual on the Right to Water and Sanitation. Geneva: Centre on Housing Rights and Evictions (COHRE). URL: www.worldwatercouncil.org/fileadmin/wwc/Programs/Right_to_Water/Pdf_doct/RTWP__20Manual_RTWS_Final.pdf [Accessed: 06.06.2012].
UN COMMITTEE ON ECONOMIC (Editor), SOCIAL AND CULTURAL RIGHTS (CESCR GC 15) (Editor) (2002): General Comment No. 15 (2002): The Right to Water (arts. 11 and 12 of the International Covenant on Economic, Social and Cultural Rights), 20 January 2003 (E/C.12/2002/11) . CESCR, GC 15.
WSP (Editor) (2000): WSP 2000 Cartoon Calendar. Water and Sanitation Programme (WSP). URL: http://www.wsp.org/wsp/about/Cartoon%20Calendars/2000%20Calendar [Accessed: 06.06.2012].
WORLD WATER COUNCIL (Editor) (2006): The Right to Water: From Concept to Implementation. WORLD WATER COUNCIL. URL: www.worldwatercouncil.org/fileadmin/wwc/Programs/Right_to_Water/Pdf_doct/RightToWater_FinalText_Cover.pdf [Accessed: 13.06.2012].