A/HRC/42/47/Add.3 developing some studies in order to appraise global information about cut-offs, their motives and the existing practices of operators.” In its response to the recommendation on the issuing of guidelines regarding disconnection, the Government further elaborated on this, stating that “[c]urrently, ERSAR is developing several studies to analyse the existing practices and processes to ensure protection of vulnerable households and avoid their disconnection on the base (sic) of not being able to pay.” 51. In response to the recommendation regarding developing and issuing guidance on service disconnections, the Government responded that it was not in a position to issue such guidance because, “[d]ue to municipal autonomy, which allows a case-by-case analysis, there are heterogeneous practices on (sic) this regard.” 52. Whilst the Special Rapporteur accepts that Portugal has in place a set of procedural safeguards which prevent arbitrary disconnections, and which may help to assist those whose water and sanitation services are at risk of disconnection due to an inability to pay, he remains concerned by the lack of action on the part of the Government to enact a legal prohibition of disconnections in situations where users lack the means to pay their bills. Although procedural safeguards for disconnections, and mechanisms such as debt assistance and social tariffs, are vital for ensuring due process and can assist in promoting affordability, such cannot replace a prohibition on disconnections for those who are unable to pay. Indeed, particularly for those in vulnerable situations, even substantial reductions in their tariffs may not make these services affordable. The lack of actions taken to introduce a prohibition on disconnections implies that the financial protection of providers and their interests prevail over the human rights of users, particularly those who are in vulnerable situations. Whilst, clearly, the potential for such a prohibition on water and sanitation cutoffs to be abused by those who are able, but unwilling, to pay for their water and sanitation services must be borne in mind, failing to introduce such a prohibition is a disproportionate response to the risks posed, as alternative strategies can be utilised to protect against abuse. 53. The Special Rapporteur notes that ERSAR is conducting studies regarding disconnections, with the putative purpose of protecting people in Portugal from having their water and sanitation services disconnected. Unfortunately, however, no specific information was provided regarding the precise parameters of these studies, or how they will assist to avoid the disconnection of vulnerable households when data protection laws prevent the identification of those households. Whilst acknowledging the importance of the protection of the data of water and sanitation consumers, the Special Rapporteur urges the Government to strike a balance between the importance of protecting data and the need to ensure sufficient information is available to understand why families and individuals are unable to pay for their water and sanitation. Given the need for this information in developing strategies for combating disconnections, only by conducting such studies and surveys will the Government be able to properly protect those in vulnerable situations from disconnection, and thus ensure their continued enjoyment of the human rights to water and sanitation. 54. Finally, the Special Rapporteur is disappointed that the Government has not sought to implement any national guidance regarding disconnections of water and sanitation services when users are unable to pay, instead leaving this to municipalities to determine on an ad hoc basis. Guidelines issued at the national level are essential to promote equality, by ensuring uniformity of treatment for all people living in Portugal. Such guidelines should reflect the normative content of the rights to water and sanitation and call on all municipalities and service providers to avoid disconnections in all instances where the user is unable to pay their bills. 13