A/HRC/36/45
infrastructural, environmental and resource costs, and ensuring affordability. Economic
perspectives and human rights perspectives are possible to reconcile, requiring from
regulatory actors innovative approaches and a redesign of economic instruments in some
situations.
9.
Accountability
61.
In order to be effective, regulatory frameworks should allow for independent
monitoring of service providers’ compliance with the human rights to water and sanitation
and should safeguard the right of individuals to submit complaints when the enjoyment of
their rights to water and sanitation has been compromised. 30 Regulatory frameworks should
impose appropriate and proportionate sanctions on service providers in cases of noncompliance with the normative content of the human rights to water and sanitation. 31
B.
Monitoring implementation
62.
Monitoring is essential for understanding current levels of access to water and
sanitation services — by focusing on issues such as affordability and water quality,
identifying barriers to access for unserved or underserved populations, and ensuring that
participatory processes are inclusive. National and local monitoring processes gather
information that helps identify drivers and bottlenecks, highlight gaps, and assess strengths
and challenges, and as such are essential for the realization of the human rights to water and
sanitation.
63.
Regulatory actors play an essential role in monitoring service providers’ compliance
with the normative content of the human rights to water and sanitation. Access to
information is crucial in this process. Regulatory actors must be able to collect, analyse and
disseminate accurate information on the performance of all service providers. On the other
hand, service providers have the responsibility to provide to regulatory actors complete and
reliable information on the services, including on their quality, on complaints received from
users and on challenges faced in extending services to poorer areas.
64.
Monitoring should not only examine compliance of service providers with national
and local standards, but should also assess whether the provision of services is carried out
in a way that ensures compliance with international human rights obligations such as
equality and non-discrimination, participation, access to information and accountability.
Regulatory actors are responsible for setting and monitoring indicators of progress towards
the realization of the human rights to water and sanitation, which should reflect human
rights principles and standards in a direct way. Indicators should cover all the different
elements of the rights to water and sanitation and be disaggregated by prohibited grounds of
discrimination,32 while setting specific benchmarks (feasible targets for gradually meeting
the indicators) in relation to each indicator.
65.
The principle of progressive realization should guide the monitoring process and any
retrogression observed in service provision should be prohibited and sanctioned by the
regulatory framework.
1.
Formal service providers
66.
Regulatory frameworks are often only applied to formal service providers, which
may range from large-scale utilities to small municipal and cooperative providers. Where
formal provision exists, it is expected that there will be available data on standards and
targets set, which can be monitored by a regulatory actor. However, small municipal and
cooperative providers often have more difficulties in living up to quality standards than
large-scale utilities do. Regulatory actors can play a proactive role in enhancing small-scale
30
31
32
Ibid., art. 4.4.
Ibid., art. 4.9.
See Committee on Economic, Social and Cultural Rights general comment No. 15, para. 53.
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