The Human Right to Safe Drinking Water and Sanitation in Law and Policy - A Sourcebook

Launched at the 6th World Water Forum in Marseille, France, by WASH United, Freshwater Action Network (FAN Global), and WaterLex, this sourcebook details laws and policies guaranteeing the human right to safe drinking water and sanitation at national, regional, and international levels. The collection of reference materials it contains can be drawn on by those seeking to analyse whether national laws and policies are in compliance with international and regional obligations. "This evidence can be used to demand change and ultimately improve the lives of people on the ground."

This publication consists of 3 parts:

1. An overview of the right to safe drinking water and sanitation at the international level - including treaties, declarations, resolutions, and findings of treaty monitoring bodies.
2. A focuses on the right to safe drinking water and sanitation in regional treaties, declarations, and resolutions - including: Africa, the Americas, Europe, the Middle East, and Asia.
3. An overview of national constitutions, laws, and policies reflecting the right to safe drinking water and sanitation.

Each section is then sub-divided into categories that reflect the normative content of the human right to safe drinking water and sanitation: recognition of the right to safe drinking and sanitation; non-discrimination and attention to vulnerable and marginalised groups; participation and access to information; accountability; accessibility of water and sanitation; affordability of water and sanitation; availability of water and sanitation and allocation; and water quality and hygiene.

An excerpt from the introduction describing the meaning of one of those sub-categories - participation and access to information - follows:
"Sources listed under Participation and access to information stipulate the importance of involving communities and providing adequate information about services and rights. As with all human rights, the right to access information and to participate in decision-making processes is a central aspect of realizing the right to safe drinking water and sanitation.

Participation
Countless examples exist in the water and sanitation sector and in other development sectors where inadequate participation of project beneficiaries has led to the implementation of projects that do not fulfil people's needs and risk being abandoned altogether. Involvement of local communities is crucial for identifying the most appropriate investments and solutions on the ground.

In order to establish effective strategies and policies, a thorough understanding of the actual condition of water and sanitation is a prerequisite. An accurate assessment of the current situation, data and water sources available requires the involvement of communities...

Access to information
To make participation possible, the first step is always to ensure that there exists accessible public information on current and future government policies. This information must include the content of those policies, actions plans, budgets and planned tariffs. All changes to existing policies need to be announced and made public...

Factors that influence people's ability to access information need to be taken into account including illiteracy and poverty. People may not understand the language or the information itself. Information may therefore need to be published in different languages and through multiple media (written, spoken) to ensure that everybody is able to access public information as equitably as possible.

Progressive steps to providing full access to information
In order to fulfil the human right to safe drinking water and sanitation, extra care needs to be taken to ensure participation and information sharing. Institutional and budgetary constraints may impede governments' ability to fully implement this aspect of the right to safe drinking water and sanitation, especially in developing countries. However, all governments should take steps to progressively work towards full access to information and participation....Furthermore, a minimum of access to information and participation should always be practiced to ensure that laws and policies address the most pressing needs of the population."