A/HRC/30/39 C. Disconnections as a result of unaffordable services 32. The affordability of water and sanitation services and disconnections are inextricably linked, as in many instances the failure to pay for services leads to disconnection. 33. Disconnection of services due to an inability to pay for the service is a retrogressive measure and constitutes a violation of the human rights to water and sanitation (Committee on Economic, Social and Cultural Rights, General Comment No. 15 (2002) (E/C.12/2002/11), para. 44a). Disconnections are only permissible if it can be shown that households are able to pay but are not paying. The South African 1997 Water Services Act states that disconnections may not result in a lack of access to services for non-payment where the individual is unable to pay for basic services.19 More recently, France adopted the Brottes Law, which prohibits disconnections for inability to pay. 20 34. In some instances, disconnections have taken place on a large scale. For instance, the Detroit Water and Sewerage Department has been disconnecting water services with no consideration of whether people are able to pay or not. This led the former Special Rapporteur to state, “when there is genuine inability to pay, human rights simply forbids disconnections”, and to demand the residents’ immediate reconnection.21 35. Pre-paid water meters are suggested as an option for service providers to ensure that households and individuals pay for the water that they use, as they require payment in advance.22 This may lead to “silent disconnections” due to lack of ability to pay, and can be a violation of the human rights to water and sanitation. Therefore, plans to use pre-paid meters must be carefully examined before they are installed. Some pre-paid water meters will allow for access to a limited quantity of water even where the individual or household has not paid. The quantity, continuity and quality of water would need to be carefully assessed for human rights compliance. IV. Mechanisms for ensuring affordability in practice 36. To ensure affordability for all and a sustainable system, States must develop appropriate pricing, tariff and subsidy structures. In the following section, the report explores how public financing is allocated, and who is likely to benefit from this. The report then seeks to discuss how financing mechanisms can be used to effectively target those groups who rely on these mechanisms to ensure the affordability of services. 19 20 21 22 10 South Africa, Water Services Act, art. 4 (3)(c). France, Loi n° 2013-312 (15/04/2013), art. 19, which modifies the Code de l’action sociale et des familles, art. L115-3, available from http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000027310001&fastPos=1&fast ReqId=760965938&categorieLien=cid&oldAction=rechTexte (in French). Press statement by the Special Rapporteur on the human right to safe drinking water and sanitation and others, “Detroit: Disconnecting water from people who cannot pay – an affront to human rights, say UN experts”, 25 June 2014, available from http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14777. Coalition Against Water Privatisation, “The struggle against silent disconnections – Prepaid meters and the struggle for life in Phiri, Soweto” (2004), pp. 4-5, available from https://www.citizen.org/documents/Phiri.pdf.