A/HRC/42/47
particular, are sometimes pressured to provide water and sanitation services in public
spaces, but lack the means or power to force providers who operate such spaces to do so.
24.
Evidence of effective regulation relating to the provision of water and sanitation
services in public spaces is generally lacking. However, some Governments have developed
and implemented frameworks to ensure access to water and sanitation in such spaces. In the
Philippines, for example, pursuant to a presidential decree, specific regulations are in place
that govern the design, availability and accessibility of water and sanitation in bus stations. 9
Pursuant to those regulations, the local health officers are mandated to oversee the
implementation and enforcement of the regulations in their area. The regulations also
specify the standards of provision required by the legislation and set out penalties for
failure to adhere to them
25.
However, consistency regarding the introduction of legislative and regulatory
frameworks relating to services in public spaces is troublingly absent. In some States, those
providing water and sanitation services in public spaces are left to simply self-regulate their
service provision. Self-regulation internalizes oversight of activities, allowing providers to
judge their own actions and inactions against internally determined criteria without
independent supervision. In Sri Lanka, water and sanitation provision in public spaces is
implemented by local bodies pursuant to local government ordinances. Water provision is
then regulated through self-monitoring and quality assurance processes, which utilize the
WHO standards for drinking-water quality.10 In other instances, regulations are introduced
in the form of non-binding administrative guidelines. In India, the Ministry of Railways has
developed a manual for standards and specifications for railway stations, which, it notes,
provides direction on many aspects of railway station construction and renovation,
including access to water and sanitation, but without imposing any binding requirements on
concessionaires.11
26.
Where regulatory regimes fail to provide for the essential elements of access to
services in public spaces, such as compliance monitoring, those weaknesses may have an
impact on the realization of the human rights to water and sanitation. Regulations analysed
for the present report are, for instance, largely silent on key human rights principles, such as
affordability and non-discrimination, and few contain provisions for monitoring
implementation. Even where regulations do follow human rights values, this is often done
in a patchwork manner, containing, for example, rules regarding accessibility but not
affordability, 12 or protecting one group from discrimination in access, but not others.
Typically, regulations aim to ensure some level of parity between men’s and women’s
access to public toilets, but in none that the Special Rapporteur has found is the need
discussed for any unisex or third-gender toilets to be constructed. Accordingly, despite
there being some examples of regulatory frameworks governing access to water and
sanitation in public spaces, no State seemingly yet regulates such access from a human
rights perspective, constructing their regulations around the normative content of the rights
to water and sanitation.
C.
Accountability framework
27.
An absence of national standards against which provision can be judged, or simply a
failure to uphold those standards, can severely undermine the enjoyment of the rights to
water and sanitation in the context of public spaces by limiting the potential for actors to be
held accountable for their actions and failures. In Kenya, for example, while national
9
10
11
12
See Code of Sanitation of the Philippines, Presidential Decree No. 856, chapter IX: Rest areas, bus
stops, bus terminals and service stations.
See submission from Sri Lanka, available from
www.ohchr.org/EN/Issues/WaterAndSanitation/SRWater/Pages/PublicSpaces.aspx.
Ministry of Railways, Government of India, Manual for Standards and Specifications for Railway
Stations, vol. 1 (2009).
See, Newfoundland and Labrador, “Public market guidelines” (September 2011); and Housing and
Land Use Regulatory Board, Philippines, “Implementing rules and regulations to govern the
processing of applications for locational clearance of markets (as amended), B1 (a) and (b)”.
7
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