A/HRC/36/45 IV. Core functions of regulatory actors A. Setting standards 41. One of the key roles of regulation is to set performance standards. Setting standards for service provision is one of the main functions of the State. The State has the duty to comply with its obligations under the International Covenant on Economic, Social and Cultural Rights and must ensure that those carrying out regulatory functions contribute to the progressive realization of the human rights to water and sanitation. 19 This means that the exercise of regulatory functions in general, and the making of regulation in particular, must comply with the human rights framework regardless of the public or State body that is carrying them out. 42. Therefore, in regulating water and sanitation services, it should be recognized, as a starting point, that water and sanitation are human rights derived from the right to an adequate standard of living (see art. 11 of the International Covenant on Economic, Social and Cultural Rights) and are inextricably related to the right to the highest attainable standard of physical and mental health (see art. 12 of the Covenant on Economic, Social and Cultural Rights), as well as to the right to life (see art. 6 of the International Covenant on Civil and Political Rights) and the right to human dignity (see arts. 1 and 22 of the Universal Declaration of Human Rights). According to international human rights law, the human right to water entitles everyone, without discrimination, to have access to sufficient, safe, acceptable, physically accessible, and affordable water for personal and domestic use. The human right to sanitation entitles everyone, without discrimination, to have physical and affordable access to sanitation, in all spheres of life, that is safe, hygienic, secure and socially and culturally acceptable and that provides privacy and ensures dignity. From a human rights perspective, the ultimate objective of regulation is to give practical meaning to the normative content of these rights, as follows: 1. Availability 43. Regulations should give a practical meaning to “availability” and ensure, at least, access to a minimum essential amount of water that is sufficient, reliable and safe for personal and domestic uses to prevent disease. According to the World Health Organization (WHO) guidance, an intermediate level of access, to 50 litres per person per day, represents a low level of health concern (provided that absence of contamination is rigorously assessed), while an optimal level of access, to 100 litres per person per day, represents a very low level of health concern.20 A regulatory interpretation of “availability” should also consider situations where additional supply of water is required due to health issues, climate conditions (i.e. drought), emergency/disaster situations, 21 work conditions, or any other special circumstances; and situations of disruption to water supply. 44. With respect to sanitation, regulatory frameworks should prescribe a sufficient number of sanitation facilities within, or in the immediate vicinity, of each household (see A/HRC/12/24, para. 70). The assessment of the sanitation requirements of any community must be informed by the context, as well as the characteristics of particular groups which may have different sanitation needs (e.g. women, persons with disabilities, children). Where a piped network is not available, regulation should consider the possibility of alternative solutions, such as the construction and maintenance of sanitation facilities, and the disposal and treatment of waste water. In cases where sanitation facilities are shared, regulation should envisage a sufficient number of facilities available. 45. Regulatory standards should prioritize access to both water and sanitation facilities in public places in sufficient numbers; in institutional facilities, including hospitals, 19 20 21 See Committee on Economic, Social and Cultural Rights general comment No. 15, para. 51. World Health Organization (WHO), “Domestic water quantity, service level and health”, available from www.who.int/water_sanitation_health/publications/wsh0302/en/. WHO, “How much water is needed in emergencies”, July 2013. 11