A/HRC/42/47/Add.3
discriminatory way. In particular, it was highlighted that the current pricing system meant
that people living in smaller towns and villages pay more than people in larger towns and
cities due to inflated retail tariffs (A/HRC/36/45/Add.1, para. 36).
20.
The Government noted that the principles of equality and non-discrimination were
incorporated into the water and sanitation sector in a number of ways, which helped ensure
their enjoyment in the context of the human rights to water and sanitation. From a
legislative perspective, the Constitution refers to both the principle of equality and the
principle of non-discrimination and, given that all legal provisions and Governmental acts
must abide by the Constitution, these principles are, therefore, taken into account in the
provision of water and sanitation. Furthermore, the Government noted that “there have been
significant advancements in the area of equality and discrimination in Portugal since the
adoption of the new anti-discrimination law. Law n. 93/2017 entered into force on the 1 st
September 2017 establishing the legal framework for the prevention, prohibition and
combat of discrimination based on racial and ethnic origin, colour, nationality, descent and
place of origin.” It stated that the anti-discrimination law streamlines the process of
combatting discrimination and enables the Commission for Equality and Against Racial
Discrimination (CICDR) to take charge of “all phases of the administrative procedure,
reception and analysis of complaints, instruction and decision, as well as for the
coordination of actions regarding prevention, inspection and combat of discriminatory
practices. The scope of the CICDR’s intervention has increased with the mandate to
manage administrative offences processes, determining the fines and the additional
sanctions to be applied.”
21.
In addition to the legislative framework, the Government further noted that there are
several other mechanisms in place which help to promote equality and non-discrimination
in the water and sanitation sector. For example, ERSAR monitors the provision of water
and sanitation services “including aspects such as physical access and affordability.”
Equally, it stated that municipalities play a role in identifying situations where the
principles have not been adhered to. Furthermore, it was suggested that when services are
contracted out to the private sector, contracts between the private entity and the
Government contain obligations that must be followed.
22.
The Special Rapporteur congratulates Portugal on passing new legislation which
seeks to combat discrimination and which provides mechanisms to hear complaints, launch
investigations, and apply sanctions in cases where discrimination has been found to exist. It
is not clear from the Government’s response, however, whether these mechanisms have
been utilised, effectively or otherwise, in cases involving water and sanitation, or, indeed,
how useful they have been at reducing discrimination and promoting equality in relation to
tariff disparities between small and large towns.
PROGRESS ON-GOING: The Special Rapporteur wishes to reaffirm the importance
of the direct incorporation of the principles of equality and non-discrimination into
the institutional framework of water and sanitation provision in order to better ensure
that these principles are always taken into account during decision-making. He
therefore restates his recommendation and looks forward to further progress being
made to combat discrimination in access to water and sanitation services.
F.
Recommendation on the National Roma Communities Integration
Strategy
RECOMMENDATION 6: “Include in the National Roma Communities Integration
Strategy references to access to safe drinking water and sanitation and measures that need
to be taken to ensure such access.”
23.
The Special Rapporteur was particularly concerned by the difficulties faced by
members of the Roma population in Portugal, with regards to their access to water and
sanitation. Yet, the Government’s current policy on Roma integration, the National Roma
Communities Integration Strategy (2013-2020) does not mention access to water and
sanitation (A/HRC/36/45/Add.1, paras. 74-77).
6
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