A/HRC/6/3 page 22 regulations to ensure the access of individuals to sufficient, affordable and physically accessible and safe drinking water and sanitation. Effective judicial or other appropriate remedies should be available to individuals who have been denied this access. 49. Given the clarity of these obligations, the open debate as to whether the human right to access safe drinking water is a stand-alone right or is derived from other human rights should not impair the recognition of access to safe drinking water as a human right. As noted in chapter II, the normative content of human rights obligations in relation to access to sanitation would need further elaboration. B. National strategy on water and sanitation 50. CESCR general comment No. 15 identifies the adoption of a national strategy on safe drinking water as a priority and as a key element to ensure and monitor access to safe drinking water, and sets a certain number of parameters this strategy should entail.68 UNDP’s 2006 Human Development Report also stresses that each country should have a national water and sanitation strategy and offers further guidance as to the specific elements this strategy should encompass. It suggests that every national strategy should include clear goals backed by adequate financing, minimum provision levels and policies to reach the strategy’s goals, as well as pro-poor regulations. 51. Further elaboration may be desirable to clarify whether the development of a national human rights strategy forms part of States’ obligations in relation to access to safe drinking water and sanitation and if so, the specific issues it should address. C. Private provision of water and sanitation services 52. A number of submissions to the consultation process for the study have highlighted the potential impact that the private provision of water and sanitation services can have on access to safe drinking water and sanitation. Some submissions suggested that human rights obligations in relation to access to safe drinking water and sanitation should prevent the private provision of these basic services. The approach of United Nations treaty bodies and special procedures has been to stress that the human rights framework does not dictate a particular form of service delivery and leaves it to States to determine the best ways to implement their human rights obligations.69 While remaining neutral as to the way in which water and sanitation services are provided, and therefore not prohibiting the private provision of water and sanitation services, human rights obligations nonetheless require States to regulate and monitor private water and sanitation providers. 53. An implicit dimension of this duty to regulate is that privatization of water and sanitation services should not take place in the absence of a clear and efficient regulatory framework that 68 69 Para. 47. See for instance, CESCR general comment No. 3 (1990) on the nature of States parties’ obligations.

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