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(f) Alternative dispute settlement mechanisms: various national laws provide for
remedies that allow water users to make use of non-court mechanisms to submit complaints.67
Further information regarding these mechanisms would provide useful information on the role of
non-court avenues to secure access to safe drinking water and sanitation.
V. ISSUES REQUIRING FURTHER ELABORATION
44. This section highlights a number of issues that arose throughout the consultation process
regarding the nature of human rights obligations in relation to access to safe drinking water and
sanitation that might require further elaboration.
A. Access to safe drinking water and sanitation as a human right
45. As noted in chapter I, human rights treaties entail explicit and implicit obligations in
relation to access to safe drinking water and sanitation. Obligations are also found in other
human rights instruments, as well as under humanitarian and environmental law treaties. While
access to safe drinking water and sanitation is not explicitly recognized as a human right per se
in human rights treaties, it has been acknowledged by two expert bodies (CESCR and the
Sub-Commission for the Promotion and Protection of Human Rights), as well as by States in
several resolutions, declarations and plans of action.
46. However, the debate is still open as to whether access to safe drinking water and sanitation
is a human right, notably in relation to the following points: (a) whether access to safe drinking
water is a right on its own or whether obligations in relation to access to safe drinking water and
sanitation are derived from other human rights, such as the right to life, the right to health, the
right to food or the right to an adequate standard of living; (b) the normative content of human
rights obligations in relation to access to sanitation.
47. In the High Commissioner’s view, international human rights law entails clear
obligations in relation to access to safe drinking water. These obligations demand that States
ensure everyone’s access to a sufficient amount of safe drinking water for personal and domestic
uses - defined as water for drinking, personal sanitation, washing of clothes, food preparation
and personal and household hygiene - to sustain life and health. It is up to each country to
determine what this sufficient amount is, relying on guidance provided by WHO and others.
This access should be prioritized over other water uses and should be premised on equality and
non-discrimination. States should take steps to ensure that this sufficient amount is of good
quality, affordable for all and can be collected within a reasonable distance from a person’s
home. The primary target should be to ensure everyone’s access to a minimum amount of water
to prevent disease.
48. While the human rights framework does not dictate a particular form of service delivery or
pricing policy, it requires States to adopt adequate measures and to put in place effective
67
The Australian Utilities Act provides for instance for a Consumer Council that protects users’
rights. Finland’s Water Services Act establishes a consumer Ombudsman to ensure compliance
with the law.
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