A/HRC/36/45
(d)
Ensure that regulatory frameworks provide a multifaceted and
differentiated interpretation of affordability, capturing the specific needs of those
living in vulnerable situations;
(e)
Ensure that access to water and sanitation services is not conditioned by
land tenure in law and in regulatory frameworks;
(f)
Ensure through adequate regulation that, when extending formal
services to informal settlements, these services are affordable and do not interfere
with people’s access;
(g)
Prohibit disconnections due to inability to pay, in law and in regulatory
frameworks;
(h)
Ensure that instruments delegating service provision, including
contracts, reflect the national regulatory framework and human rights standards;
(i)
Include, in regulatory frameworks, specific requirements ensuring
adequate provision of services to, inter alia, homeless people, poor nomadic
communities, and victims of situations of armed conflict, emergencies, natural
disasters or climate change effects;
(j)
Include, in regulatory frameworks, specific requirements ensuring
adequate provision of services to, inter alia, schools, health facilities, prisons,
transport hubs and public spaces in general;
(k)
Establish the necessary mechanisms to ensure accountability of
regulatory actors;
(l)
Inform and train regulatory actors on the practical implications of the
realization of the human rights to water and sanitation in their area of work.
90.
In addition, the Special Rapporteur recommends that regulatory actors:
(a)
Comply with the State’s international human rights obligations with
regard to the rights to water and sanitation and take targeted steps towards the full
realization of these rights;
(b)
Carry out independent monitoring of service providers’ compliance with
the normative content of the human rights to water and sanitation and ensure that in
cases of retrogression providers address the root causes of these violations;
(c)
Set and monitor indicators that cover all the elements of the rights and
disaggregate them by prohibited grounds of discrimination;
(d)
Ensure non-discriminatory service coverage by service providers,
including to poorer neighbourhoods, informal settlements and rural areas;
(e)
Provide access to objective, comprehensible, clear and consistent
information and facilitate free, active and meaningful participation in regulatory
decision-making processes;
(f)
Ensure that tariff-setting reconciles financial sustainability with
affordability, while prioritizing and protecting the needs of those living in poverty;
(g)
Support and influence policy formulation and legislative changes in line
with the human rights to water and sanitation;
(h)
Provide clear and relevant information on their policies, procedures and
activities and indicate how they contribute to the progressive realization of the human
rights to water and sanitation;
(i)
Safeguard the right of individuals to submit complaints when the
enjoyment of their rights to water and sanitation has been compromised by service
providers.
20
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