A/HRC/42/47/Add.3 II. Legal, institutional and policy frameworks A. Recommendation on national legislation RECOMMENDATION 1: “Adopt legal provisions that recognize the human rights to water and sanitation at the national level and in particular, recommends that the parliament approve the bill providing for legal recognition of the human rights to water and sanitation at the national level.” (A/HRC/36/45/Add.1, para. 82(b)) 8. Despite the Government’s positive history of accepting the human rights to water and sanitation as a matter of international law, there is a lack of direct recognition of these rights in national law. At the time of his visit a draft bill had been tabled which proposed recognition of the fundamental rights to water and sanitation, however this had yet to come into force (A/HRC/36/45/Add.1, para. 16). In January 2017, a draft bill proposing recognition be given to the human rights to water and sanitation in domestic law had been rejected by the Parliament. 9. The Government stated that the rights to water and sanitation are recognised indirectly by the Portuguese Constitution and other pieces of domestic legislation. As noted by the Government, “Article 16 [of the Constitution] ensures that the constitutional catalogue of fundamental rights is without prejudice to all fundamental right[s] set out in applicable international law and legal rules.” Additionally, Article 8 of the Constitution holds that the provisions of international agreements should be implemented within domestic law. Furthermore, as per the Government’s response, the right to water is understood as fundamental to the realisation of the right to the environment (Article 66 of the Constitution) and is vital for the achievement of the right to human dignity (Article 1 of the Constitution). The Government has also noted that some of the normative content of the rights is reflected within domestic legislation regarding the provision of water and sanitation services. For instance, Portugal has laws in place which ensure the availability of water and sanitation services (Decree-Law 194/2009 of 20 August, Articles 59, 63 and 72), and require that water resources are protected and maintained in a way that “safeguard[s] the Human Rights, declared by the United Nations, to safe drinking water and sanitation….” (Law 19/2014, 14th April, article 10(b)). 10. Whilst the Special Rapporteur notes that the Portuguese legislative framework has in place certain provisions that address part of the human rights to water and sanitation and human rights principles, he reiterates that explicit recognition of the human rights to water and sanitation in national law is vital. As emphasized in the report, such recognition of the human rights to water and sanitation will allow for comprehensive legal protection of those rights (A/HRC/36/45/Add.1, para. 16). The Special Rapporteur is disappointed to learn that the Bill that was intended to give direct recognition to these rights in national legislation was rejected by Parliament. The Special Rapporteur expresses his concern that the Portuguese Parliament did not share the Special Rapporteur’s view of the vital importance of his recommendation. He urges Members to resubmit a revised Bill for consideration and that the Parliament adopt such bill as soon as possible. PROGRESS NOT STARTED: The Special Rapporteur urges Members of Parliament to adopt legislation on the legal recognition of the human rights to water and sanitation. B. Recommendation on government coordination RECOMMENDATION 2: “Improve coordination, dialogue and exchange of information between all levels of Government in relation to access to water and sanitation.” (A/HRC/36/45/Add.1, para 82(a)) 11. The framework for the provision of water and sanitation in Portugal is highly complex and involves numerous different State and non-state actors operating at two different levels: bulk provision and retail provision. At both the bulk and retail levels, 3