A/HRC/36/45
6.
Participation and access to information
55.
To meet human rights standards, regulatory decision-making processes must ensure
genuine public participation in key decisions. Every individual and group has the right to
participate actively, freely and in a meaningful way in the process of setting service
standards that may affect their enjoyment of the rights to water and sanitation. Positive
measures will often be required to ensure that all people, including women and populations
in vulnerable situations, are given a real opportunity to take part in and influence the
making of regulations. The Special Rapporteur cautions that attempts to ensure women’s
participation through regulatory processes may not correspond to local customary norms
and the implementation may subsequently fail (see A/HRC/33/49, paras. 56 and 59).
Therefore, mechanisms must be put in place to involve women in formulating regulations
on water and sanitation and to remove barriers to their participation.
56.
Regulations should ensure that decisions on the type and location of services and on
improvements to services are participatory and inclusive. Inclusiveness in this process is
crucial, so that services are designed to respond to the needs of the population, including of
those in vulnerable situations.
57.
Access to information and transparency are essential in order for participation to be
meaningful. Regulatory actors must enable a culture of transparency by providing access to
information that is objective, comprehensible, clear and consistent and is made available to
everybody in different formats and in the appropriate language. The Special Rapporteur has
observed that in El Salvador, decisions on water rationing measures are not systematically
publicized and there seems to be no standard rule for informing users about such measures
(see A/HRC/33/49/Add.1, para. 32). Similarly, the results of quality tests on water for
human consumption are neither made public nor sent to users. Regulation of the ways in
which information should be shared is therefore essential.
7.
Equality and non-discrimination
58.
A regulatory framework should contain positive measures or affirmative action that
ensure the progressive realization of the human rights to water and sanitation for all, in a
non-discriminatory manner, while eliminating inequalities in access, including for
individuals belonging to groups at risk and groups that are marginalized on the grounds of
race, gender, age, disability, ethnicity, culture, religion, national or social origin or any
other grounds. Such measures should target specific challenges, including: (a) prioritization
of the extension of coverage of water and sanitation services to rural and deprived urban
areas, while taking into account the specific needs of women and children; (b) the denial of
the rights to water and sanitation to people living in informal settlements, on the grounds of
their housing or land status; and (c) the lack of affordability of services for the poorest.
8.
Sustainability
59.
When setting standards, regulation should aim to achieve the economic,
environmental and social sustainability of service provision. Regulation should mirror the
State’s obligation to guarantee the rights to water and sanitation sustainably and without
discrimination, for both present and future generations. 28 This means that today’s services
should not limit or negatively affect future generations’ access to services. To that end,
when developing a regulatory framework, States should ensure an integrated regulatory
approach for the services, including both the regulation of the sector as a whole and the
regulation of each service provider individually. 29 Regulation also has a role to play in
contributing to providing preparedness and resilience measures for emergency situations.
60.
Promoting the affordability of services, together with a level of cost recovery that
meets the requirements for financial sustainability, is a major challenge for regulatory
frameworks. Regulatory actors must strike the fine balance between enabling service
providers to adequately perform operational and maintenance activities, considering
28
29
14
See Committee on Economic, Social and Cultural Rights general comment No. 15, para. 11.
Lisbon Charter, art. 7.3.
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