The right to water and The right to water and sanitation sanitation

-- Making the connection between Making the connection between human rights and water human rights and water

governance governance in UNDPin UNDP

Louise NylinLouise NylinHuman rights and justice specialist Human rights and justice specialist

Bratislava, 14 Oct 2008Bratislava, 14 Oct 2008

Definition of the right to Definition of the right to water and sanitation * water and sanitation *

Sufficient waterSufficient water Clean waterClean water Accessible water and sanitation Accessible water and sanitation Affordable water and sanitationAffordable water and sanitation

Non-discrimination and inclusion of vulnerable and Non-discrimination and inclusion of vulnerable and marginalized groups marginalized groups

Access to informationAccess to information ParticipationParticipation Accountability Accountability

* General comment 15, Guidelines for the realization of the right to drinking water supply * 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 and sanitation, UN common understanding of the human rights based approach

Value added: Value added:

When implemented the RtWSS can make When implemented the RtWSS can make the following contributions:the following contributions:

Improved accountabilityImproved accountability Focus on vulnerable and marginalized Focus on vulnerable and marginalized

groupsgroups Increased participation in decision makingIncreased participation in decision making Individual and community empowerment Individual and community empowerment

What is a What is a Human Rights Based Approach?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.

GOAL

PROCESS

OUTCOME

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

GOAL

Programming informed by Programming informed by Human Rights MechanismsHuman Rights Mechanisms

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 Human rights standardsstandards and and principlesprinciples guide guide all development cooperation and all development cooperation and programming in all sectors and in all phases programming in all sectors and in all phases of the programming processof 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

ASSESSMENT & ANALYSIS

PRIORITY SETTING

PROGRAMME PLANNING

AND DESIGNIMPLEMENTATION

MONITORING AND EVALUATION

…The integration of human rights principles and standards into all stages of the programming process…

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

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 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 DevelopmentThe role of Capacity Development

Thank You!Thank You!