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Update 19.10.2009: Recommendation - sanitation should be recognized as a distinct human right
The independent expert on the issue of human rights obligations related to access to safe drinking water and sanitation, Catarina de Albuquerque, submitted her report to the Human Rights Council in accordance with Council resolution 7/22 on Thursday 17 September 2009.
The report focuses on the human rights obligations related to sanitation. After reviewing the inextricable links between sanitation and a range of human rights, the independent expert concluded that an analysis of sanitation in a human rights context must go beyond linking it to other human rights, because this would fail to fully capture all of the dimensions of sanitation. She suggested that, although there is an ongoing discussion on whether sanitation should be recognized as a distinct right, recent developments at the international, regional and national levels demonstrate a trend towards recognition; specifically, considering the right to sanitation as an explicit component of the right to an adequate standard of living.
While opinions may differ on whether to recognize sanitation as a distinct right, the independent expert asserts that there are clear human rights obligations related to sanitation because it is inextricably linked to, and indispensable for, the realization of many other human rights. She outlined a definition of sanitation in human rights terms, and explained the human rights obligations related to sanitation, as well as the content of those obligations. The report (see below) ends with conclusions and recommendations.
The report, including a summary the findings, analysis and recommendations can be seen here.
Human Rights Council appoints Independent Expert
HRC Water and Sanitation Update (07.11.2008)
The Human Rights Council has appointed Catarina de Albuquerque as the Independent Expert on human rights obligations related to safe drinking water and sanitation. Miss De Albuquerque started work on 1 November 2008. Read her biography on the The Human Rights Council's website
The following constitutes her mandate in the respective resolution of the Human Rights Council (A/HRC/7/L.16):
(a) To develop a dialogue with Governments, the relevant United Nations bodies, the private sector, local authorities, national human rights institutions, civil society organizations and academic institutions, to identify, promote and exchange views on best practices related to access to safe drinking water and sanitation, and, in that regard, to prepare a compendium of best practices;
(b) To advance the work by undertaking a study, in cooperation with and reflecting the views of Governments and relevant United Nations bodies, and in further cooperation with the private sector, local authorities, national human rights institutions, civil society organizations and academic institutions, on the further clarification of the content of human rights obligations, including non-discrimination obligations, in relation to access to safe drinking water and sanitation;
(c) To make recommendations that could help the realization of the Millennium Development Goals, in particular of Goal 7;
(d) To apply a gender perspective, including through the identification of gender-specific vulnerabilities;
(e) To work in close coordination, while avoiding unnecessary duplication, with other special procedures and subsidiary organs of the Council, relevant United Nations bodies and the treaty bodies, and taking into account the views of other stakeholders, including relevant regional human rights mechanisms, national human rights institutions, civil society organizations and academic institutions;
Find out more
Miss De Albuquerque can be contacted at: iewater@ohchr.org
UN Human Rights Council moves forward on Right to Water and Sanitation
On 28 March 2008, the Human Rights Council adopted by consensus a resolution sponsored by Germany and Spain (and more than 40 co-sponsors) establishing an Independent Expert on human rights obligations - related to access to safe drinking water and sanitation. This means that the UN human rights system now has a separate mechanism exclusively dedicated to issues related to the right to water and sanitation. The resolution also confirms that governments have obligations to ensure access to safe drinking water and sanitation under international human rights law.
Find out more, download an information note and read the legal basis
Netherlands formally recognise the Human Right to Water
In the opening of the 7th Session of the UN Human Rights Council in Geneva on 3 March 2008, Minister of Foreign Affairs, Maxime Verhagen, announced the Netherlands is to recognise water as a human right. He stressed that merely recognising the right would not solve the issue but is a powerful incentive to increase access to water for the poor.
Why Canada must recognise the Right to Water and Sanitation
The Centre on Housing Rights and Evictions (COHRE) has produced a policy paper which emphasises why Canada should recognise the right to water and sanitation. The right to water and sanitation is already legally recognised in international law and does not require Canada to share its water resources with other countries. Furthermore, the Canadian government's opposition undermines the efforts of people living without access to water and sanitation who hold their governments to account.
Download Why Canada must recognise the human right to water and sanitation
New Human Rights Council study on the right to water and sanitation
A new study of the scope and content of the human rights obligations related to the provision of safe drinking water and sanitation has been presented to the sixth session of UN's Human Rights Council meeting in September 2007. (23 Oct 2007)
UK Government recognises right to water
In response to the launch of the UN’s latest Human Development Report, Beyond scarcity: power, poverty and the global water crisis, the UK Government hasannounced that it recognises the human right to water. (11 November 2006)
Realising the right to water
Rights and Humanity welcomes the UK Government's recognition of the Right to Water as a fundamental human right and commends its leadership role. (11 November 2006)
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