1. Centre On Housing Rights and Evictions – Housing Rights for Everyone, Everywhere www.cohre.org Right to water and sanitation Key components of rights-based approaches to water and sanitation Content of the Right Benefits and limitations of the right to water and sanitation

2. Centre On Housing Rights and Evictions – Housing Rights for Everyone, Everywhere www.cohre.org Contributions of rights-based approaches to water and sanitation Promotes access to water and sanitation as a legal entitlement, not charity Requires non-discrimination in all decisions Requires attention to the marginalised and vulnerable Emphasises people’s participation in decision-making and access to information Contributes new accountability institutions The Small Print: Implementation requires politically committed government and/or well organised civil society movement (e.g. Treatment Action Campaign in South Africa). Technocratic approaches to RBAs can open the door to either of these conditions. Otherwise it can achieve incremental progress

3. Centre On Housing Rights and Evictions – Housing Rights for Everyone, Everywhere www.cohre.org Key International commitments to the right to water and sanitation Implicitly recognised in legally binding international treaties ratified by most States, in particular the International Covenant on Economic, Social and Cultural Rights (ICESCR) Right to water defined in detail by UN General Comment 15 (official interpretation of the ICESCR) All States have recognised the right to water and sanitation in political declarations UN Sub-Commission on Human Rights (expert body) has guidelines on the right to water and sanitation

4. Centre On Housing Rights and Evictions – Housing Rights for Everyone, Everywhere www.cohre.org Government Obligations : Respect, Protect and Fulfil Governments have an obligation to respect, protect and fulfil the right, using the maximum of available resources to progressively realise the right. Respect: Governments must not prevent people from accessing sanitation, for example, by arbitrarily interfering with customary or traditional arrangements for water and sanitation, without providing acceptable alternatives. Protect: Governments are obliged to ensure that private individuals or groups do not prevent anyone from accessing water and sanitation, for example by charging excessively for use of toilets. Fulfil: Governments must facilitate access by ensuring that appropriate standards and regulations are in place to assist individuals in constructing and maintaining access to water and sanitaiton. Governments must promote the right through hygiene education and promotion. Where individuals or groups are unable to provide sanitation services for themselves, governments must provide the necessary assistance, including information, training and access to land.

5. Centre On Housing Rights and Evictions – Housing Rights for Everyone, Everywhere www.cohre.org Contents of the right to water and sanitation Availability Sufficient and continuous Quality safe, acceptable colour, odour and taste Physical Accessibility Time, not distance real indicator Quantity Minimum amount for survival is not sufficient for hygiene Affordability Need to take account of all costs of accessing water

6. Centre On Housing Rights and Evictions – Housing Rights for Everyone, Everywhere www.cohre.org Contents of the right to water and sanitation SANITATION Safe Hygienic, secure to use by women and children Physically accessible Available day and night, used by all Affordable Must take account of all costs of accessing sanitation Culturally acceptable Must respond to cultural norms, for example, separating male and female toilets in public facilities

7. Centre On Housing Rights and Evictions – Housing Rights for Everyone, Everywhere 2015 and beyond Inclusion of the right to water and sanitation in national constitutions, legislation, policies and budgeting procedures The principles of the right to water and sanitation included in bilateral and multilateral and IF organisations’ policies and budgeting Public and private sector utilities and service delivery organisations use the right to water and sanitation Removal of discriminatory practices in delivery of services www.cohre.org