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Possible indicators for the right to water and sanitation

      Obligation                             Potential Indicator           To be dis-  Structural Current Indicator? Priority
      Respect, Protect, Fulfil                                             aggregated? Process    Yes/No.            and
                                                                           Yes/No      Outcome Data Source           Feasibility
         1. General Indicators
1.1   Right to water expressly contained     Is the RTWS expressly
      in law as a justiciable right (R, P,   contained in the              No           S         No. Review of              ***
      F) General Comment No. 15, paras.      constitution or other law?                           legislation. Treaty body
      17, 25, 55                             Is the right justiciable in                          report. Legal Cases
                                             courts or other bodies?
1.2   National Strategy and Plan of      Is there a national strategy
      Action (F) General Comment No. 15, and plan of action for            Yes          S         No. Questionnaire          ***
      paras. 17, 26, 37 (f)              universal delivery of water
                                         and sanitation? Is it time
                                         specified?
         2. Non-discrimination and attention to vulnerable and marginalised groups
2.1   Non discrimination (R, P, F)           Does national or regional No               S         No. Review of              ***
      General Comment No. 15, paras. 12      legislation explicitly                               legislation
      (c) (iii), 13                          prohibit discrimination? Is
                                             there an institution in
                                             place to investigate and
                                             provide remedies for
                                             discrimination?
2.2   Equity in budget allocations (F)       What proportion of public Yes              P         Examination of national    **




                                     The Centre on Housing Rights and Evictions, Right to Water Programme
General Comment No. 15, paras. 14,   water and sanitation                               and local budgets
      15, 16 (c) and (h), 27               budgets are allocated to
                                           vulnerable and
                                           marginalised groups,
                                           including those living in
                                           informal settlements or
                                           arid areas?
2.3   Priority to institutions serving     Are institutions such as    Yes        P
      vulnerable and marginalised          schools, hospitals, prisons
      groups (F)                           and refugee camps given
      General Comment No. 15, para. 12     priority in access to water
      (c), 16                              and sanitation (including
                                           extension of services,
                                           tariffs and subsidy plans)?
2.4   Institutions and facilities (F)      What percentage of          Yes        O           Yes. UNICEF, WHO,        **
      General Comment No. 15, paras. 12    schools, hospitals, prisons                        ?ICRC? UNRWA?
      (c) (i), 16                          and refugee camps have
                                           water and sanitation
                                           facilities, including hand-
                                           washing facilities and
                                           separate toilets for males
                                           and females?
2.5   Nomads/Travellers/Indigenous         Is the right of nomads and Yes         S           No. Review of national   **
      Peoples (R, P)                       travellers to traditional                          policies
      General Comment No. 15, paras. 16    water resources
      (d) (e), 21                          recognised and protected?
        3. Access to information




                                    The Centre on Housing Rights and Evictions, Right to Water Programme
3.1   Provision of information to public   Are there mechanisms in                            No. Review of national
      (F)                                  place to provide               1. No    S          policies and programmes
      General Comment No. 15, paras. 12    information on existing
      (c) (iv)                             and planned government
                                           policies and programmes
                                           in the water and sanitation
                                           sector? Does such              2. Yes   P          Questionnaire, survey
                                           information reach all
                                           sectors of society?
3.2   Availability of environmental and    Is there a legal
      health data (F)                      requirement to make         No          S          No. Review of national    ***
      General Comment No. 15, para. 48     essential data on water                            legislation and policy
                                           quality and environmental
                                           health available to the
                                           public?
         4. Participation
4.1   Facilitate participation of          Are participatory            Yes            1. S   No. Review of national    ***
      individuals and communities in       processes required for the                         policies
      water and sanitation decision-       development of water and
      making (F)                           sanitation policies? Are
      General Comment No. 15, para. 37     there mechanisms and                        2. P
      (f), 48                              programmes to ensure
                                           that representatives of
      Sub Commission Guidelines, Section   vulnerable and
      8.2                                  marginalised groups
                                           genuinely influence such
                                           processes?




                                    The Centre on Housing Rights and Evictions, Right to Water Programme
4.2   Participation in development and       Are there legal or policy  NO         S           No. Review of national   **
      management of water and                provisions that permit                            laws and policies
      sanitation facilities (F)              community development
      Sub Commission Guidelines, Section     and management of small-
      8.2                                    scale water and sanitation
                                             services in appropriate
                                             situations?
4.3   Participation in regulation and        Are users able to          YES        P           No. Review of policy,    **
      monitoring (F)                         participate in the                                projects and practice
      General Comment No.15, 37 (f)          monitoring and regulation
                                             of their water and
                                             sanitation service
                                             providers?
         5. Water Availability
5.1   Quantity of Water (F)                Do national or regional       No        S           No. Review of national   ***
      General Comment No. 15, para. 12 (a) standards stipulate a                               policy.
                                           minimum amount of
                                           water for personal and
                                           domestic use? What is this
                                           amount per person per
                                           day?
5.2   Priority to minimum quantities of    Does the allocation of        Yes       S, P        No. Review of national   **
      drinking water over other uses (F)   water resources prioritise                          law and policy.
      General Comment No. 15, paras. 6, 34 water for essential
                                           domestic uses over
                                           agricultural and industrial
                                           uses?




                                     The Centre on Housing Rights and Evictions, Right to Water Programme
5.3   Ensure continuous supply of water      What is the average            Yes   O           No.                       *
      (P, F)                                 number of days per year
      General Comment No. 15, para. 12 (a)   of disruption of supply?
5.4   Disconnections (P)                     Is there a legal prohibition   No    S           Review of law             **
      General Comment No. 15, paras. 10,     on complete exclusion
      44 (a) (i)                             from a water source, e.g.
                                             by disconnection?
         6. Water quality and hygiene
6.1   Water quality standards (P, F)         Are water quality              No    S           Yes. National standards
      General Comment No. 15, paras. 12      standards in place?
      (b), 12 (c) (i)
6.2   Pollution (P, F)                       Are there regulations and      No        1. S    National laws and         **
      General Comment No. 15 paras. 8, 16    policies to control                              policies
      (c) (d), 44 (a) (iii)                  pollution of water                                                         *
                                             resources? Does the State                2. P
                                             impose disincentives and
                                             penalties for pollution?
6.3   Disinfection (P, F)                    What percentage of             Yes   P           No.                       *
      General Comment No. 15, para. 12       persons relying on water
      (b)                                    supply through the
                                             distribution network is
                                             supplied with water that is
                                             effectively disinfected?
6.4   Child Health (F)                       What percentage of             Yes   O           Yes. Ministry of health   **
      General Comment No. 15, para. 12       children suffers from                            reports. UNICEF.
      (b)                                    serious levels of diarrhoea                      WHO.
                                             per year?




                                    The Centre on Housing Rights and Evictions, Right to Water Programme
6.5   Hygiene awareness (F)                  Is there a national          No      S           Unlikely (possibly in       **
      General Comment No. 15, para 25, 29    programme for hygiene                            national health strategy
      (see footnote 24)                      awareness? What is the                           or educational
                                             percentage of the                                curriculum)- UNICEF?
                                             population covered?
         7. Physical accessibility
7.1   Extension of services (F)              Is there a national policy   No      S           No. National Policy         ***
      General Comment No. 15, paras. 25,     with explicit timeline to
      26, 29                                 extend water and
                                             sanitation services,
                                             particularly to deprived
                                             urban and rural areas?

7.2   Distance (F)                           Are there targets on         No      P           Possibly. National policy
      General Comment No. 15, para. 12 (c)   minimum distance to a
      (i)                                    water point or toilet?
      Sub Commission Guidelines, Section
      1.3 (a)
7.3   Ensuring physical security when        Are there any policy         No      S/P         No. National policy
      accessing water and sanitation (P,     provisions to ensure
      F)                                     physical security when
      General Comment No. 15, para 12 (c)    accessing water and
      (i)                                    sanitation?
      Sub Commission Guidelines, Section
      1.3 (c)
7.4   Ensure physical accessibility to       What is the proportion of    Yes     O           Yes. MDG reports,
      water and sanitation (F)               the population without                           UNICEF-WHO Joint




                                    The Centre on Housing Rights and Evictions, Right to Water Programme
General Comment No. 15, para 12 (c)   access to improved water                          Monitoring Progamme
      (i)                                   and sanitation?                                   etc.

7.5   Providing services to informal        Are services provided to     Yes      O           No
      settlements (F)                       informal settlements?
      General Comment No. 15, para. 16
      Sub Commission Guidelines, Section.
      5.4.
7.6   Financial allocation for expansion    What percentage of the       Yes      P           No                      *
      of access (F)                         water and sanitation
      General Comment No. 15, 44 (c)        budget is directed towards
                                            expanding access to those
                                            without any form of
                                            access?

      Affordability
8.1   Designing, monitoring and             Is there a government        No       S           Review of laws and      ***
      controlling charges by service        process or institution to                         policies
      providers (P)                         set, monitor and control
      Sub Commission Guidelines, Section.   charges by water and
      2.3 (e)                               sanitation utilities and
      General Comment No. 15, para.24       small-scale service
                                            providers?
8.2   Reducing costs through providing      Does the government          Yes          1. S    No. Review of policy/
      a range of service levels (F)         policy or plan of action                          practice
      Sub Commission Guidelines, Section    provide for a broad range                 2. P
      5.1, 6.3                              of options for facilities




                                    The Centre on Housing Rights and Evictions, Right to Water Programme
General Comment No. 15, para. 27 (a) and service levels,
                                           including low cost
                                           options? Is community
                                           participation required for
                                           such decisions?
8.3   Provision of subsidies, tariffs (F)  Are subsides for extension Yes                         P             No. Policies, Tariff
      Sub Commission Guidelines, Section   of services and for                                                  structures.
      6.1                                  payment tariffs provided
      General Comment No. 15, para. 27     to low-income
      (b)                                  communities?




United Nations Committee on Economic, Social and Cultural Rights, General Comment No. 15: The Right to Water (2002), UN. Doc. E.C.12/2002/11.
Available at: http://www.unhchr.ch/tbs/doc.nsf/0/a5458d1d1bbd713fc1256cc400389e94/$FILE/G0340229.pdf

United Nations Sub Commission on the Promotion and Protection of Human Rights, Guidelines for the realisation of the right to drinking water and sanitation,
(2005), UN. Doc. E/CN.4/Sub.2/2005/5. Available at: http://www2.ohchr.org/english/issues/water/docs/SUb_Com_Guisse_guidelines.pdf

Further information available at the COHRE website: www.cohre.org/water




                                        The Centre on Housing Rights and Evictions, Right to Water Programme

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Possible indicators for the right to water and sanitation

  • 1. Possible indicators for the right to water and sanitation Obligation Potential Indicator To be dis- Structural Current Indicator? Priority Respect, Protect, Fulfil aggregated? Process Yes/No. and Yes/No Outcome Data Source Feasibility 1. General Indicators 1.1 Right to water expressly contained Is the RTWS expressly in law as a justiciable right (R, P, contained in the No S No. Review of *** F) General Comment No. 15, paras. constitution or other law? legislation. Treaty body 17, 25, 55 Is the right justiciable in report. Legal Cases courts or other bodies? 1.2 National Strategy and Plan of Is there a national strategy Action (F) General Comment No. 15, and plan of action for Yes S No. Questionnaire *** paras. 17, 26, 37 (f) universal delivery of water and sanitation? Is it time specified? 2. Non-discrimination and attention to vulnerable and marginalised groups 2.1 Non discrimination (R, P, F) Does national or regional No S No. Review of *** General Comment No. 15, paras. 12 legislation explicitly legislation (c) (iii), 13 prohibit discrimination? Is there an institution in place to investigate and provide remedies for discrimination? 2.2 Equity in budget allocations (F) What proportion of public Yes P Examination of national ** The Centre on Housing Rights and Evictions, Right to Water Programme
  • 2. General Comment No. 15, paras. 14, water and sanitation and local budgets 15, 16 (c) and (h), 27 budgets are allocated to vulnerable and marginalised groups, including those living in informal settlements or arid areas? 2.3 Priority to institutions serving Are institutions such as Yes P vulnerable and marginalised schools, hospitals, prisons groups (F) and refugee camps given General Comment No. 15, para. 12 priority in access to water (c), 16 and sanitation (including extension of services, tariffs and subsidy plans)? 2.4 Institutions and facilities (F) What percentage of Yes O Yes. UNICEF, WHO, ** General Comment No. 15, paras. 12 schools, hospitals, prisons ?ICRC? UNRWA? (c) (i), 16 and refugee camps have water and sanitation facilities, including hand- washing facilities and separate toilets for males and females? 2.5 Nomads/Travellers/Indigenous Is the right of nomads and Yes S No. Review of national ** Peoples (R, P) travellers to traditional policies General Comment No. 15, paras. 16 water resources (d) (e), 21 recognised and protected? 3. Access to information The Centre on Housing Rights and Evictions, Right to Water Programme
  • 3. 3.1 Provision of information to public Are there mechanisms in No. Review of national (F) place to provide 1. No S policies and programmes General Comment No. 15, paras. 12 information on existing (c) (iv) and planned government policies and programmes in the water and sanitation sector? Does such 2. Yes P Questionnaire, survey information reach all sectors of society? 3.2 Availability of environmental and Is there a legal health data (F) requirement to make No S No. Review of national *** General Comment No. 15, para. 48 essential data on water legislation and policy quality and environmental health available to the public? 4. Participation 4.1 Facilitate participation of Are participatory Yes 1. S No. Review of national *** individuals and communities in processes required for the policies water and sanitation decision- development of water and making (F) sanitation policies? Are General Comment No. 15, para. 37 there mechanisms and 2. P (f), 48 programmes to ensure that representatives of Sub Commission Guidelines, Section vulnerable and 8.2 marginalised groups genuinely influence such processes? The Centre on Housing Rights and Evictions, Right to Water Programme
  • 4. 4.2 Participation in development and Are there legal or policy NO S No. Review of national ** management of water and provisions that permit laws and policies sanitation facilities (F) community development Sub Commission Guidelines, Section and management of small- 8.2 scale water and sanitation services in appropriate situations? 4.3 Participation in regulation and Are users able to YES P No. Review of policy, ** monitoring (F) participate in the projects and practice General Comment No.15, 37 (f) monitoring and regulation of their water and sanitation service providers? 5. Water Availability 5.1 Quantity of Water (F) Do national or regional No S No. Review of national *** General Comment No. 15, para. 12 (a) standards stipulate a policy. minimum amount of water for personal and domestic use? What is this amount per person per day? 5.2 Priority to minimum quantities of Does the allocation of Yes S, P No. Review of national ** drinking water over other uses (F) water resources prioritise law and policy. General Comment No. 15, paras. 6, 34 water for essential domestic uses over agricultural and industrial uses? The Centre on Housing Rights and Evictions, Right to Water Programme
  • 5. 5.3 Ensure continuous supply of water What is the average Yes O No. * (P, F) number of days per year General Comment No. 15, para. 12 (a) of disruption of supply? 5.4 Disconnections (P) Is there a legal prohibition No S Review of law ** General Comment No. 15, paras. 10, on complete exclusion 44 (a) (i) from a water source, e.g. by disconnection? 6. Water quality and hygiene 6.1 Water quality standards (P, F) Are water quality No S Yes. National standards General Comment No. 15, paras. 12 standards in place? (b), 12 (c) (i) 6.2 Pollution (P, F) Are there regulations and No 1. S National laws and ** General Comment No. 15 paras. 8, 16 policies to control policies (c) (d), 44 (a) (iii) pollution of water * resources? Does the State 2. P impose disincentives and penalties for pollution? 6.3 Disinfection (P, F) What percentage of Yes P No. * General Comment No. 15, para. 12 persons relying on water (b) supply through the distribution network is supplied with water that is effectively disinfected? 6.4 Child Health (F) What percentage of Yes O Yes. Ministry of health ** General Comment No. 15, para. 12 children suffers from reports. UNICEF. (b) serious levels of diarrhoea WHO. per year? The Centre on Housing Rights and Evictions, Right to Water Programme
  • 6. 6.5 Hygiene awareness (F) Is there a national No S Unlikely (possibly in ** General Comment No. 15, para 25, 29 programme for hygiene national health strategy (see footnote 24) awareness? What is the or educational percentage of the curriculum)- UNICEF? population covered? 7. Physical accessibility 7.1 Extension of services (F) Is there a national policy No S No. National Policy *** General Comment No. 15, paras. 25, with explicit timeline to 26, 29 extend water and sanitation services, particularly to deprived urban and rural areas? 7.2 Distance (F) Are there targets on No P Possibly. National policy General Comment No. 15, para. 12 (c) minimum distance to a (i) water point or toilet? Sub Commission Guidelines, Section 1.3 (a) 7.3 Ensuring physical security when Are there any policy No S/P No. National policy accessing water and sanitation (P, provisions to ensure F) physical security when General Comment No. 15, para 12 (c) accessing water and (i) sanitation? Sub Commission Guidelines, Section 1.3 (c) 7.4 Ensure physical accessibility to What is the proportion of Yes O Yes. MDG reports, water and sanitation (F) the population without UNICEF-WHO Joint The Centre on Housing Rights and Evictions, Right to Water Programme
  • 7. General Comment No. 15, para 12 (c) access to improved water Monitoring Progamme (i) and sanitation? etc. 7.5 Providing services to informal Are services provided to Yes O No settlements (F) informal settlements? General Comment No. 15, para. 16 Sub Commission Guidelines, Section. 5.4. 7.6 Financial allocation for expansion What percentage of the Yes P No * of access (F) water and sanitation General Comment No. 15, 44 (c) budget is directed towards expanding access to those without any form of access? Affordability 8.1 Designing, monitoring and Is there a government No S Review of laws and *** controlling charges by service process or institution to policies providers (P) set, monitor and control Sub Commission Guidelines, Section. charges by water and 2.3 (e) sanitation utilities and General Comment No. 15, para.24 small-scale service providers? 8.2 Reducing costs through providing Does the government Yes 1. S No. Review of policy/ a range of service levels (F) policy or plan of action practice Sub Commission Guidelines, Section provide for a broad range 2. P 5.1, 6.3 of options for facilities The Centre on Housing Rights and Evictions, Right to Water Programme
  • 8. General Comment No. 15, para. 27 (a) and service levels, including low cost options? Is community participation required for such decisions? 8.3 Provision of subsidies, tariffs (F) Are subsides for extension Yes P No. Policies, Tariff Sub Commission Guidelines, Section of services and for structures. 6.1 payment tariffs provided General Comment No. 15, para. 27 to low-income (b) communities? United Nations Committee on Economic, Social and Cultural Rights, General Comment No. 15: The Right to Water (2002), UN. Doc. E.C.12/2002/11. Available at: http://www.unhchr.ch/tbs/doc.nsf/0/a5458d1d1bbd713fc1256cc400389e94/$FILE/G0340229.pdf United Nations Sub Commission on the Promotion and Protection of Human Rights, Guidelines for the realisation of the right to drinking water and sanitation, (2005), UN. Doc. E/CN.4/Sub.2/2005/5. Available at: http://www2.ohchr.org/english/issues/water/docs/SUb_Com_Guisse_guidelines.pdf Further information available at the COHRE website: www.cohre.org/water The Centre on Housing Rights and Evictions, Right to Water Programme