A/HRC/6/3
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39. When water services and facilities are operated by local authorities, States retain the
obligation to ensure that these have at their disposal sufficient resources, authority and capacity
to maintain and extend the necessary water and sanitation services. States should also ensure that
local authorities do guarantee equal access to affordable and physically accessible water and
sanitation of a good quality.
3. The obligation to fulfil
40. The obligation to fulfil requires States to adopt the necessary measures - legislative,
administrative, policies, programmes and others - to facilitate and promote universal access to
safe drinking water and sanitation. A number of States have, in this respect, recognized safe
drinking water as a human right in their national laws.56 Many countries have also adopted
specific legislation regulating particular aspects of water and sanitation - notably the quality of
water, water services pricing policies and subsidies, prioritization among various uses, minimum
amounts needed for domestic consumption, or disconnections - although these are often not
formulated in human rights terms.57
41. The obligation to fulfil can be disaggregated into the obligations to facilitate, promote and
provide. The obligation to facilitate requires States to take positive measures to assist individuals
to access safe drinking water and sanitation. The obligation to promote obliges the State to take
steps to ensure that there is appropriate education about hygiene, notably concerning hygienic
use of water and the protection of water. The obligation to provide demands that States ensure
access to safe drinking water and sanitation for individuals when they are unable, for reasons
beyond their control, to do so themselves and through the means at their disposal. Overall, public
resources should prioritize those without basic access to safe drinking water and sanitation,
rather than those who already have some sort of access.
42. As part of the obligation to fulfil, the CESCR has highlighted certain procedural
obligations, such as the obligations to ensure access to information concerning safe drinking
water and sanitation issues, and participation in decision-making processes related to safe
drinking water and sanitation.58
56
This recognition has been emphasized in various submissions to the consultation process for
the study.
57
58
This has been highlighted in various submissions to the consultation process for the study.
These procedural obligations are recognized in several human rights treaties and declarations
(Rio Declaration on Environment and Development, 1992, principle 10), as well as in
environmental treaties specifically addressing water and sanitation issues. See for instance
ICCPR, article 25; CEDAW, article 7; the Convention on the Rights of Persons with Disabilities,
article 29.
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