A/HRC/42/47/Add.3 introduced on 7 December 2017, the existing regime regarding water quality monitoring has been modified in order to provide a requirement that the managing entities of bulk and retail providers publish the data from water quality monitoring programmes quarterly online. 46. The Special Rapporteur congratulates the Government for the steps taken to increase the level of information provided to users regarding existing practices, policies and resources that promote economic access to water and sanitation, and on the quality of their water. He calls upon the Government, taking into account that ensuring access to information is an element of the normative content of the right to water, to follow the recommendations of ERSAR and make greater levels of water-quality information available to users within their water bills. GOOD PROGRESS: The Special Rapporteur looks forward to continuing to see positive progress made by Portugal with regards to ensuring that water and sanitation users have access to pertinent information about the quality of drinking water. D. Recommendations on disconnection due to incapacity to pay RECOMMENDATION 13: “Adopt legislative measures to prohibit disconnection of water and sanitation services owing to an inability to pay.” (A/HRC/36/45/Add.1, para. 82(d)) RECOMMENDATION 14: “Conduct official studies and surveys on the reasons behind non-payment with a view to identifying those households that are financially unable to pay for their water and sanitation services.” (A/HRC/36/45/Add.1 para. 82(o)) RECOMMENDATION 15: “Develop and issue guidelines for water and sanitation service providers concerning disconnection of water and sanitation services with a view to protecting those who are economically unable to pay for those services, and establish protection mechanisms for those groups.” (A/HRC/36/45/Add.1 para. 82(i)) 47. During his visit the Special Rapporteur identified that it remained lawful in Portugal for water providers to disconnect the services of users. The problem of service disconnection was acknowledged by the Special Rapporteur to be compounded by the lack of adequate data regarding the reasons for non-payment of bills. (A/HRC/36/45/Add.1, para. 67-70). 48. The Government stated that one of the main reasons for not introducing a prohibition on disconnecting users who are unable to pay is that this would disproportionately protect users, and expose service providers to greater risk. However, it contended that despite remaining lawful, disconnection was only possible where these providers followed proper procedures, stating that “the law protects water users by imposing a number of formalities on water operators and water cut-offs due to inability to pay are, therefore, seen as a last resort.” 49. The Government further stated that those at risk of being cut-off from their water or sanitation services typically receive assistance from the municipality to help them to avoid being disconnected, with water disconnections in these instances being determined on a case-by-case basis. Additionally, it noted that ERSAR provides regulatory oversight regarding disconnections, studying how many each operator undertakes, and whether these followed the proper procedures “in order to be able to intervene more effectively to ensure that disconnections are not jeopardizing human rights principles.” Furthermore, ERSAR “has also a clear policy regarding tariffs for the poorest households, recommending the implementation of social tariffs, which result in a substantial reduction in the monthly water bill.” 50. Regarding the recommendation on the necessity of conducting studies on the reasons behind the incapacity to pay water and sanitation bills, the Government responded to this recommendation stating that “the existing rules regarding data protection do not allow the collection of this type of information for particular households. Nevertheless, ERSAR is 12

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