Definition of the right to water and sanitation *

1. The right to water and sanitation -Making the connection between human rights and water governance in UNDPLouise NylinHuman rights and justice specialist Bratislava, 14 Oct 2008

2. 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 • Access to information • Participation • 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

3. 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

4. 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. What is a Human Rights Based Approach?

5. GOAL 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. Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases 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. The UN common understanding on the HRBA PROCESS OUTCOME

6. GOAL • 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

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

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

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

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

11. OUTCOME 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

12. Right-holders: 6,653,467,548 Every individual, either a man, woman or child, of any race, ethnic group or social condition To some extentgroups 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 Rights-holder and Duty-bearers

13. 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

14. The role of Capacity Development

15. Thank You!