A/HRC/42/47/Add.3 them in full alignment with the obligations placed on Portugal pursuant to its international human rights commitments. As clarified in the Special Rapporteur’s report on regulation, States have the obligation to ensure that regulation provides a multifaceted and differentiated interpretation of affordability, capturing the specific needs of those living in vulnerable situations. More concretely, States should prohibit disconnections due to inability to pay in law and in regulatory frameworks, as it is a retrogressive measure and violates the human rights to water and sanitation (see, A/HRC/36/45). Regulatory actors must take positive measures to ensure the progressive realization of the human rights to water and sanitation in a non-discriminatory manner. Such measures should target specific challenges including: the prioritisation of service coverage to poorer neighbourhoods, informal settlements and rural areas; the denial of the rights to water and sanitation on the basis of housing or land status; and the lack of affordability of services for the poorest. PROGRESS NOT STARTED: The Special Rapporteur reiterates his acknowledgment already expressed that ERSAR is an international reference on the incorporation of some elements of the normative content of the rights to water and sanitation into its work. However, it is essential that this is done with full consideration of the obligations placed on Portugal under international human rights law, and not simply in an a-la-carte fashion. More must be done by Portugal to ensure regulatory activities are in full compliance with the human rights to water and sanitation, and all other human rights. H. Recommendation on the human rights responsibilities of water service providers RECOMMENDATION 8: “Recommend that Águas de Portugal, the Empresa Portuguesa das Águas Livres and other service providers adhere to the United Nations Guiding Principles on Business and Human Rights and perform human rights due diligence in providing water and sanitation services.” (A/HRC/36/45/Add.1 para. 82(u)) 30. Águas de Portugal (AdP) was set up in 1993 in order to overcome the problems facing the water and sanitation sector and through its subsidiary companies, AdP designs, builds, operates and manages water supply and sanitation systems in liaison with partner municipalities (A/HRC/36/45/Add.1, para. 25). The Empresa Portuguesa das Águas Livres (EPA), a State-owned service provider, operates at the bulk level in the greater Lisbon area and both at the bulk and retail levels in the city of Lisbon (A/HRC/36/45/Add.1, para. 27). 31. The Government accepted that AdP “has not yet subscribed to the Guiding Principles on Business and Human Rights…” however it notes that the company “incorporates in its activity the principles of improving the well-being of the community and contributes [to] local development,” with a number of initiatives being established by AdP in order to achieve this goal. These initiatives include the full integration of the company into the communities in which it operates, its participation in the UN Global Compact and the Portuguese Global Compact Network, as well as its membership of the administration board of the Alliance for SDGs. 32. Whilst the efforts of AdPto operate in a way which seeks to take into account its role within the community is to be lauded, the Special Rapporteur is disappointed that no movement has been made towards subscribing to the Guiding Principles on Business and Human Rights as recommended, and that it seems no other private entities operating in the Portuguese water and sanitation sector have taken this initiative either. The Guiding Principles represent a comprehensive road map for private businesses to enable them to ensure their operations are in line with human rights principles, and thus to minimise the risks posed by their practices to the enjoyment of human rights, including the human rights to water and sanitation. The Special Rapporteur is aware that the Government is currently in the process of producing a national action plan on business and human rights. 3 Accordingly, the Special Rapporteur recommends that the Government should enact such a 3 8 See: https://www.ohchr.org/EN/Issues/Business/Pages/NationalActionPlans.aspx.