A/HRC/42/47/Add.3 decentralised nature of the water and sanitation sector in Portugal, the Government needs to ensure that municipalities are provided with sufficient funding to allow them to provide services, maintain infrastructure, and subsidise access to water and sanitation for those who require financial assistance. In this regard, it is vital that the Government continuously assess its capacity to increase funding based on the financial outlook of the country (A/HRC/36/45/Add.1, paras. 71-73). 67. Unfortunately, the Government did not provide any pertinent information in its response to the Special Rapporteur’s follow-up questionnaire which highlighted efforts that had been made to ensure the funding provided for water and sanitation was the maximum possible. Information obtained in the course of researching this follow-up report shows that some water and sanitation agencies received increased funding from 2017 to 2018. In this regard, it was found that ERSAR received a €500,000 increase in its budget, from €9.2m to €9.7m. No information has been obtained or made available regarding funding level changes for municipalities. 68. The Special Rapporteur is pleased to note that ERSAR was provided with a slightly increased budget between 2017 and 2018, however he is disappointed that no pertinent information was provided regarding whether the maximum of available resources was being invested into the progressive realisation of the human rights to water and sanitation. He consequently urges the Government to properly assess whether it is investing the maximum of its available resources into the progressive realisation of the human rights to water and sanitation, without discrimination, and to publish publically the results of such an assessment. LIMITED PROGRESS: The Special Rapporteur reminds the Government that it is bound, as a matter of law, to utilise the maximum of its available resources to ensure the rights to water and sanitation are respected, protected and fulfilled. IV. Leaving no one behind A. Recommendation on disaggregating data on water and sanitation access RECOMMENDATION 21: “Develop a comprehensive method for disaggregation of data on water and sanitation access by wealth level, migratory status, ethnic groups and other grounds of discrimination, in order to facilitate the development of focused policies for the proper protection of the populations most in need.” (A/HRC/36/45/Add.1, para. 82(j)) 69. Portugal operates a decentralised water and sanitation system, and therefore it is municipalities who are in charge of ensuring services are provided to the population, however information on usage of these services is gathered at the national level and lacks disaggregation regarding the various socioeconomic and other statuses of users. This lack of information can consequently make it more difficult to understand and analyse usage patterns amongst different groups, which might have otherwise informed water and sanitation policy to ensure it is more responsive to the needs of these people, and to enable decision makers to understand how direct and indirect discrimination impacts on the enjoyment of the human rights to water and sanitation, so as to rectify this (A/HRC/36/45/Add.1, para. 77). 70. The Government noted that it was challenging to collect sufficient disaggregated data on water and sanitation usage, owing to constitutional constraints on personal data protection. It noted that following Article 35 of the Constitution, “Portugal can only compile statistical data on the racial and ethnic demographic composition of its population based on anonymous and voluntary self-identification of those concerned (formal permission).” Owing to this, it noted that response rates are unpredictable and, consequently, this method of collecting data is unreliable. The Government did, however, note, as it had done in response to a previous question, that the ERSAR “is developing some studies in order to appraise global information about cut-offs, their motives and the existing practices of operators.” 18