A/HRC/30/39
individual’s right to access a toilet or latrine, but also other people’s human rights,
including the right to health (see the Special Rapporteur’s reports on sanitation
(A/HRC/12/24), paras. 23-29, and on wastewater (A/68/264). The State therefore has a
significant role to play in ensuring that the necessary funding is available for service
provision, and for using public financing where services would otherwise be unaffordable.
6.
The human rights framework does not, however, rule out tariffs and user
contributions for water and sanitation provision. Water and sanitation do not necessarily
have to be available free of charge. The human rights framework recognizes that revenues
have to be raised in order to ensure universal access to services. If everyone obtained water
and sanitation free of charge, that could actually harm low-income households by depriving
governments and service providers of the revenue needed to expand and maintain the
service, posing a risk to the overall economic sustainability of the system or to the State’s
capacity to protect and fulfil other human rights. Moreover, where a policy provides free
water distributed through utility networks, this tends only to benefit those who have access
to a formal water supply. As the majority of poor and marginalized individuals and groups
in developing countries do not enjoy access to a formal water supply, they will not be able
to access free water provided by utilities. From a human rights perspective, public funds
need to be directed towards extension of services for the most disadvantaged and for
ensuring that such services are affordable.
7.
Where people face an inability to pay, the human rights framework indeed requires
free services that must be financed through sources other than user contributions. To ensure
both affordability and financial sustainability, States must look beyond tariffs toward a
broader system for financing water and sanitation services, including taxes and transfers,
and cross-subsidization through public finance or tariff systems (see the Special
Rapporteur’s report on financing (A/66/255)).
8.
The human rights to water and sanitation also have important implications as to how
payment for services is raised. Human rights call for safeguards in the process of setting
tariffs and determining subsidies, both in procedural and substantive terms, which include
the human rights principles of transparency, access to information, participation and
accountability. They oblige States to ensure that the cost of accessing water and sanitation
is affordable and meets the needs of marginalized and vulnerable individuals and groups.
The aim of ensuring financial sustainability at the macro level must never lead to situations
in which individuals are unable to afford services. Affordability assessments must consider
the totality of rights and the expenses people face to realize their human rights. This is all
the more important in the context of austerity measures that have resulted in the significant
overall burdening of people.1 Particularly during times of economic and financial crises,
decisions to introduce or raise tariffs need to be carefully considered. Where price rises
happen concurrently with rising unemployment and social spending reductions, they leave
many unable to afford essential services.
9.
Deciding on the most effective system to ensure affordability will often require
focused studies that examine all of the above variables, from assessing the types of services
to which individuals have access, to considering how public financing can be used most
efficiently. In an attempt to improve affordability of service provision in France, as part of
the Economic Commission for Europe (ECE) Protocol on Water and Health, France is
1
4
See European Parliament, Directorate-General for Internal Policies, “The Impact of the Crisis on
Fundamental Rights across Member States of the EU - Country Report on Ireland,” 2015, available at
http://www.europarl.europa.eu/thinktank/en/document.html?reference=IPOL_STU(2015)510016,
p. 65.
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