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obtaining legal remedies. Disconnections for non-payment should not result in a person being
denied access to a minimum amount of safe drinking water where that person proves that he or
she is unable to pay for these basic services.
58. Recommendation 14 (2001) of the Committee of Ministers of the Council of Europe to
member States on the European Charter on Water Resources provides that social measures
should be put in place to prevent the supply of water to destitute persons from being cut off.73
A number of national laws restrict disconnections of water services, in particular those that occur
due to the user’s inability, rather than unwillingness to pay.74 Courts have also reversed water
supply disconnection orders on the grounds that these were endangering people’s health and
life.75
59. While human rights obligations in relation to access to safe drinking water and sanitation
do not prohibit disconnections, they require that States respect commonly agreed principles of
due process, take into account a person’s capacity to pay, and do not deprive an individual who
is unable to pay of the minimum essential level of water and basic sanitation. Accordingly, the
quantity of safe drinking water a person can access may be reduced, but full disconnection may
only be permissible if there is access to an alternative source which can provide a minimum
amount of safe drinking water needed to prevent disease. In this respect, there is a strong
presumption that disconnections of institutions serving vulnerable groups, such as schools,
hospitals and refugee camps are prohibited.
F. Prioritization between various kinds of water use
60. Considering access to safe drinking water from a human rights perspective highlights the
need to give precedence in water distribution to water for personal and domestic uses for all.
Various submissions to the consultation process for the study have highlighted the fact that
national laws, regulations or policies do give priority to water for human consumption over other
water uses.
61. The Plan of Implementation of the World Summit on Sustainable Development (2002)
calls for water to be allocated among competing uses in a way that gives priority to the
satisfaction of basic human needs.76 This prioritization of human consumption over other water
uses bears certain implications in terms of water management and might require specific systems
to manage competing demands and to ensure that access to water for personal and domestic uses
is prioritized.
73
Recommendation Rec(2001) 14, available at http://www.coe.int/t/cm/
adoptedTexts_en.asp#P47_2021.
74
See the 1999 UK Water Industry Act and the South Africa Water Services Act (1997) for
instances where disconnection of water services may or may not be permitted.
75
See examples cited in footnote 64 above.
76
Para. 26 (c).
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