A/HRC/45/11
at the time of his appointment in 2014, the Special Rapporteur found two areas that needed
to be explored further from a human rights perspective. First, how should affordability as
an element of human rights to water and sanitation be monitored and what thresholds
should be established? The Special Rapporteur notes that traditionally, the threshold had
been based on the share of income and percentages, which he found too simplistic. The
second gap relates to implementing procedural measures and policies to ensure access to
protect the economically vulnerable in terms of financial accessibility.
32.
In the report on accessibility, the Special Rapporteur emphasizes that, from a human
rights perspective, the starting point for State decision-making on public financing and
policy for water and sanitation service provision is that water and sanitation must be
affordable to all. However, it is impossible to set a generally applicable affordability
standard at the global level. Any such standard would be arbitrary and could not reflect the
challenges people face in practice and the context in which they live, including how much
they need to spend on housing, food and the realization of other human rights. The
affordability of water and sanitation services is highly contextual, and States should
therefore determine affordability standards at the national and/or local levels. The human
rights framework stipulates important parameters for the process of doing so, in particular
in terms of participation. To ensure affordability for all and a sustainable system, States
must develop appropriate pricing, tariff and subsidy structures. Mechanisms to ensure
affordability in practice include public finance, targeted measures, social protection floors,
tariff schemes and subsidies. Access to water and sanitation should be affordable for all and
as such States should have in place mechanisms to ensure the affordability of those services.
Further, it follows that disconnection of water services due to inability to pay constitutes a
violation of the human right to water.
2.
Progress since 2010
33.
The progress made is assessed based on two elements, namely, specific mechanisms
implemented to ensure the affordability of water and sanitation services and specific
measures taken to prohibit disconnections due to inability to pay. The submissions received
illustrated several measures States have implemented to ensure the affordability of water
and sanitation services. In Mexico City, for example, there is a territorial differentiation of
tariffs: each neighbourhood (manzana) pays a different tariff, depending on its development
index, which is based on the average marginalization, income and property values.41 This
means that households from neighbourhoods with a low development level pay lower bills.
34.
Another affordability measure is the provision of subsidies to the most vulnerable
groups. In Costa Rica, for instance, Law No. 2726 of 1961 indicates that tariffs need to be
set under the principle of distributive social justice, which translates into a crosssubsidization system (through tariffs) between those who have a greater capacity to pay and
those who cannot pay the full cost of the service. 42 In addition to cross-subsidization, Costa
Rica also has a national system of targeted subsidies for the consumption of water and
sanitation services, set under Executive Decree No. 39757 of 2016. Households identified
as in situations of poverty receive a subsidy of 50 per cent, and those in situations of
extreme poverty a subsidy of 100 per cent, of the cost of up to 15 cubic metres of water per
month. Both the consumption quantity and the identified households are revised
periodically. In other countries, subsidies have been provided based exclusively on
household income.43 To help the most vulnerable households cover tariffs, the Government
of Singapore provides social assistance, via annual vouchers of between $40 and $120, to
those in public housing. In Slovenia, there is a procedure that allows municipalities to
subsidize the cost of services for households in economic deprivation (for example, because
of unemployment) through the municipal budget.44
41
42
43
44
Water Resources Planning and Management, vol. 145, No. 4 (2019); and Rita Martins and others,
“Water affordability issues in developed countries – the relevance of micro approaches”, Utilities
Policy, vol. 43, part A, pp. 117–123.
Submission from Mexico.
Submission from Costa Rica.
Submission from Singapore.
Submission from Slovenia.
11
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