A/HRC/36/45 progressive realization, but also by the immediate obligation of non-discrimination and the obligation to take steps towards the full realization of these rights. The Committee on Economic, Social and Cultural Rights underscores that the enjoyment of the human rights to water and sanitation without discrimination of any kind can be compromised not only through direct action or omission by States, but also through State institutions or agencies at the national and local levels, which includes regulatory actors. 6 For regulatory actors to meet their immediate obligations of equality and non-discrimination, they must, when regulating tariffs, consider those who do not have the economic ability to pay for services, and implement mechanisms for their protection; they must also ensure that service providers deliver services to poorer neighbourhoods and informal settlements. 17. While the existence of national policies and strategies supported by the human rights to water and sanitation contributes greatly to the creation of an enabling regulatory environment, regulatory actors cannot simply dismiss their human rights obligations on the grounds that national policies are inadequate. Being at the interface between policymakers, service providers and users, and as guarantors of accountability, regulatory actors are best placed to assess whether water and sanitation standards are being progressively met or are being overlooked. They have also the primary role in identifying retrogressions in the realization of the rights and in requiring providers to address the root causes of these violations. As such, their obligation to monitor service providers’ compliance with the standards of the human rights to water and sanitation and to identify what is compromising the realization of these rights goes far beyond mere policing. It involves, for example, supporting and influencing investment decisions, and policy and legislative changes in line with the human rights framework. 18. The International Water Association’s Lisbon Charter, on public policy and regulation for drinking water supply, sanitation and wastewater management services, adopted by 85 Governments in 2015, asserts that the actions of regulatory actors “must be based on the principles of competence, professionalism, impartiality, accountability and transparency” (art. 4). From a human rights perspective, there are additional key principles that must guide regulatory intervention in all circumstances: the principles of equality and non-discrimination; active, free and meaningful participation; access to information; and sustainability. These overarching principles should not only guide national policies on water and sanitation but also be embedded in legal and regulatory frameworks binding all water and sanitation stakeholders, including regulatory actors. 19. Access to information is crucial to the work of regulatory actors, who have an obligation to collect, analyse and disseminate accurate and disaggregated information on the implementation of the rights to water and sanitation by the service providers that they regulate. Access to information is essential for enabling meaningful participation. In this context, it is important to highlight that regulatory actors’ obligation to ensure meaningful public participation in key regulatory decisions, including tariff-setting, is not in any way incompatible with their required independence. C. Responsibilities of service providers 20. All service providers, whether public, State-owned or private, must comply with the State’s legal and regulatory framework. In cases where the State is the service provider, at central level or often through its municipalities, it must act in compliance with the laws and regulations of the State and in line with its international human rights obligations. Where service provision is formally delegated by the State to non-State actors, the State cannot exempt itself from its human rights obligations and retains the obligation to regulate and monitor their activities. Non-State service providers (formal and informal), on the other hand, have human rights responsibilities, which include complying with the national regulatory framework and respecting the human rights to water and sanitation. 7 6 7 6 See Committee on Economic, Social and Cultural Rights general comment No. 20, para. 14. See the Guiding Principles on Business and Human Rights.

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