The right to water and sanitation - Making the connection between human rights and water governance in UNDP Louise Nylin Human rights and justice specialist Bratislava, 14 Oct 2008

Definition of the right to water and sanitation *  Sufficient water  Clean water  Accessible water and sanitation  Affordable water and sanitation Non-discrimination and inclusion of vulnerable and marginalized groups Non-discrimination and inclusion of vulnerable and marginalized groups Access to information Access to information Participation Participation Accountability Accountability * General comment 15, Guidelines for the realization of the right to drinking water supply and sanitation, UN common understanding of the human rights based approach

Value added: When implemented the RtWSS can make the following contributions:  Improved accountability  Focus on vulnerable and marginalized groups  Increased participation in decision making  Individual and community empowerment

What is a Human Rights Based Approach?  A process that is normatively based on international HR standards and principles  Focuses on disadvantages, discrimination and marginalisation in the development process  It aims for the progressive achievement of all human rights  It recognizes human beings as rights-holders and establishes obligations for duty-bearers.

The UN common understanding on the HRBA 1. All programmes of development co-operation, policies and technical assistance should further the realization of human rights as laid down in the UDHR and other international human rights instruments. 2. Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process. 3. Development cooperation contributes to the development of the capacities of ‘duty-bearers’ to meet their obligations and/or of ‘rights-holders’ to claim their rights. 1. All programmes of development co-operation, policies and technical assistance should further the realization of human rights as laid down in the UDHR and other international human rights instruments. 2. Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process. 3. Development cooperation contributes to the development of the capacities of ‘duty-bearers’ to meet their obligations and/or of ‘rights-holders’ to claim their rights. GOAL PROCESS OUTCOME

 All programmes of development co-operation should further the realization of human rights as laid down in the UDHR and other international human rights instruments GOAL

Programming informed by Human Rights Mechanisms  Treaty Bodies and Special Procedures observations  Treaty Bodies and Special Procedures recommendations  Treaty Bodies General Comments  Treaty Bodies and Special Procedures observations  Treaty Bodies and Special Procedures recommendations  Treaty Bodies General Comments UN Independent Expert on the Right to Water and Sanitation established in March 2008 General comment no 15 of ICESCR

Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process PROCESS

Human Rights Principles  Universality and inalienability  Indivisibility  Interdependence and Inter-relatedness  Equality and non-discrimination  Participation and inclusion  Accountability and rule of law  Universality and inalienability  Indivisibility  Interdependence and Inter-relatedness  Equality and non-discrimination  Participation and inclusion  Accountability and rule of law

ASSESSMENT & ANALYSIS PRIORITY SETTING PROGRAMME PLANNING AND DESIGN IMPLEMENTATION MONITORING AND EVALUATION …The integration of human rights principles and standards into all stages of the programming process…

Development cooperation contributes to the development of the capacities of ‘duty- bearers’ to meet their obligations and/ or of ‘rights-holders’ to claim their rights OUTCOME

Rights-holder and Duty-bearers Right-holders: 6,653,467,548  Every individual, either a man, woman or child, of any race, ethnic group or social condition  To some extent groups Right-holders: 6,653,467,548  Every individual, either a man, woman or child, of any race, ethnic group or social condition  To some extent groups Duty-bearers: Much less  Primarily States  In some cases individuals have specific obligations  Individuals and private entities have generic responsibilities towards the community to respect the rights of others Duty-bearers: Much less  Primarily States  In some cases individuals have specific obligations  Individuals and private entities have generic responsibilities towards the community to respect the rights of others

Capacity gaps:  Knowledge  Responsibility / motivation / leadership  Authority  Access to and control over resources  Gaps in National Protection Systems Capacity gaps:  Knowledge  Responsibility / motivation / leadership  Authority  Access to and control over resources  Gaps in National Protection Systems capacity development is not only a technocratic process. It also entails political, societal, legal and institutional change Treaty Bodies and Special Procedures can identify capacity gaps

The role of Capacity Development

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