The Human Rights-Based Approach within the Water and Sanitation Sector
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The coalition of French NGOs campaigning
for the human rights to water and sanitation
and for water as a common good
STUDY BRIEF – MARCH 2021
The Human Rights-Based
Approach within the Water and
Sanitation Sector
Added Value and Implementation Challenges for Development Cooperation
Study brief led by
Study brief The Human Rights-Based Approach within the Water and Sanitation Sector | 1
Author: Laura Le Floch Advocacy Officer, Secours Islamique France Contributors: Sandra Métayer Coalition Eau Coordinator Clémence Brosse Rights-Based Approach Project Officer, Gret Seynabou Benga Director, Human Dignity Sophie Lehideux Director, Kynarou Romains Desvalois Delegate General, SEVES Mélissa Mankaï Advocacy Assistant, Secours Islamique France Antonella Cagnolati President, Solidarité Eau Europe Methodology This study brief is based both on a literature review and on the experience of French and international civil society organisations and NGOs, all members of Coalition Eau (case studies, sharing of tools). A questionnaire was sent to the members of Coalition Eau in January 2021 in order to assess overall understanding of the human rights-based approach (HRBA) and the extent to which this approach is embedded in their water, sanitation and hygiene (WASH) projects. Responses were received from 18 NGO members. This questionnaire also helped identify the projects highlighted in this review. With a view to approving and discussing the findings of this review, Secours Islamique France and the Coalition Eau coordination team set up a monitoring committee comprising several Coalition Eau NGO members: Gret, Kynarou, SEVES, Human Dignity, and Solidarité Eau Europe. Cover photo copyright: Secours Islamique France
© Secours Islamique France
Contents
Executive Summary 5
Introduction 8
From a needs-based approach to the human rights-based approach within the water and
sanitation sector 10
The content of the HRWS 10
The integration of human rights into international solidarity policies and programmes 16
The HRBA concept 19
The added value of the HRBA in the WASH sector 20
Implementing the HRBA in international solidarity WASH programmes 23
HRBA-related good practice 23
HRBA pillars for NGO programming 26
The development of HRBA methodological tools 32
HRBA implementation challenges for NGOs 34
Recommendations to improve HRBA mainstreaming in the WASH sector 37
Bibliography 40
Study brief The Human Rights-Based Approach within the Water and Sanitation Sector | 3
Acronyms ACF Action Contre la Faim (Action Against Hunger) CHD Coordination Humanitaire et Développement (French NGO - Humanitarian and Development Coordination) COSADER Collectif des ONG pour la Sécurité Alimentaire et le Développement Rural (Collective of NGOs for Food Security and Rural Development) CRS Common Reporting Standards (of the OECD) CSO Civil Society Organisation ESCR Economic, Social and Cultural Rights EU European Union EWP End Water Poverty HRBA Human Rights-Based Approach HRWS Human Rights to Water and Sanitation ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights IGA Income-Generating Activities JMP Joint Monitoring Report MEAE French Ministry for Europe and Foreign Affairs NGO Non-Governmental Organisation NHRI National Human Rights Institute OECD Organisation for Economic Cooperation and Development ODA Official Development Assistance OHCHR Office of the United Nations High Commissioner for Human Rights SDG Sustainable Development Goal SIF Secours Islamique France SPONG Secrétariat Permanent des ONG (Permanent secretariat of NGOs) TdE Société Togolaise des Eaux UDHR Universal Declaration of Human Rights UNICEF United Nations Children’s Fund UN United Nations UNGA United Nations General Assembly WHO World Health Organization WASH Water Sanitation and Hygiene WWAP World Water Assessment Programme, UNESCO 4 | Study brief The Human Rights-Based Approach within the Water and Sanitation Sector
Executive Summary
There continue to be inequalities in access to
water and sanitation despite the international legal
obligations that have resulted from recognition
of the human rights to water and sanitation
(HRWS). Nearly a third of people globally still lack
access to drinking water and 2 in 3 people have
no safe sanitation facilities1. Access to universal
services is commonly included in the policies and
programme strategies produced by governments
and development stakeholders, but actually
implementing HRWS principles and criteria in the
field remains a challenge. This implementation
requires a paradigm shift in both policies and
interventions. Development programming and
official development assistance remains too heavily
geared towards a top-down service provision-
based approach. However, the sustainable impact
of this approach on human development has proven © SEVES
to be limited, not least because current investment
in the sector falls a long way short of what is
required and will need to increase fourfold if the focuses on the people being left behind, provides a
Sustainable Development Goals are to be achieved better understanding of the causes of inequalities
by 2030. that need to be addressed, and this helps ensure
governments play a central role in facilitating
Nearly
empowerment and institutionalising engagement
and accountability mechanisms. It introduces real
1/3
accountability between rights-holders and duty-
bearers.
Sector stakeholders are now starting to develop
their knowledge of and implement the HRBA,
of people globally still lack adapting their programme practices and strategies
access to drinking water. and developing operational tools. There are many
examples of good practices to be found, but these
need to be built on and widely disseminated. The
The human rights-based approach (HRBA) HRBA remains a conceptual framework that is open
appears to be an effective way of tackling to interpretation, and its implementation beyond
structural inequalities and realising the HRWS. its strategic alignment can create challenges.
This approach is widely used in development These include not only institutional organisational
programming and now needs to be applied to and human resource challenges, but also financial
the water and sanitation sector. The HRBA seeks challenges as existing financial mechanisms do
to realise human rights by addressing the root not make it possible to work sufficiently over the
causes of inequalities. It has undeniable added long-term or on changes to policy and practices.
value as not only does it help build people’s and Stakeholders also face programming challenges for
communities’ citizen engagement capacities over identifying the most vulnerable, developing new
time, but it also builds governments’ capacities to field expertise (sometimes outside of the water
respect, safeguard and implement human rights and sanitation sector) and forging new strategic
and demonstrate accountability. The HRBA, which partnerships.
1 JMP OMS/UNICEF 2019.
Study brief The Human Rights-Based Approach within the Water and Sanitation Sector | 5
To address these challenges, Coalition Eau has established
the following recommendations for development stakeholders
(governments, UN agencies, donors and NGOs):
Respect HRWS obligations: Improve knowledge of the
HRWS and HRBA:
Development organisations must honour Information on progressively implementing
their commitments under international law the HRWS should be accessible and widely
in order to realise the HRWS. disseminated, particularly by the UN HRWS
rapporteurs and in JMP reporting on the
Development stakeholders should achievement of SDG 6.
mainstream the HRBA into their organisation’s
strategic positioning and into their water and The UN HRWS rapporteurs should provide
sanitation policies and operational strategies. input for discussions on implementing the
HRBA in the WASH sector.
Governments, UN agencies and donors
should support their partner countries with Development stakeholders should take the
developing legal and regulatory frameworks steps required to improve their knowledge
that are compliant both with the HRBA and of HRWS content and of the HRBA in the
with HRWS principles and criteria, and further WASH sector, and build their capacities for
support the construction of democratic implementing the approach, particularly
societies that enable citizen engagement. through training, in order to progressively
reshape their intervention strategies.
Development and humanitarian aid policy
and programmes, and official development Donors should support civil society capacity-
assistance funding for the water, sanitation building to foster implementation of the
and hygiene (WASH) sector, should target the HRBA within the WASH sector.
least developed and developing countries
and the most vulnerable and marginalised Development stakeholders could develop
people. or support the development of WASH
sector-specific HRBA training modules
Development stakeholders need to or programmes for training centres, and
strengthen the justiciability of the HRWS training programmes on development and
by supporting the mechanisms used to humanitarian action, to facilitate the paradigm
register complaints and record human rights shift and enable skills development.
violations, particularly those used by the UN
HRWS rapporteurs and at the national level
by institutions working to defend human
rights.
Development stakeholders are encouraged
to develop new strategic partnerships to
provide the most holistic response possible
to HRWS principles and criteria.
6 | Study brief The Human Rights-Based Approach within the Water and Sanitation Sector
Promote the development Finance and implement
of operational tools and the long-term behaviour change
dissemination of good HRBA and capacity-building
practices in the WASH sector: activities within development
programmes
Development stakeholders are encouraged
to develop and disseminate project To enable effective implementation of
management tools for applying the HRBA to the HRBA in WASH programmes, official
the WASH programme cycle (data collection, development assistance and humanitarian
situation analysis questionnaires, indicators, aid must be sustainable, multi-annual and
quality criteria, monitoring and evaluation, useful.
etc.) for use by both head office and field staff.
Donors should propose funding that covers
Development stakeholders are encouraged the cost of situation analyses in order to study
to develop or support the design and vulnerabilities and their root causes, power
dissemination of knowledge management relations, and disaggregated data, and to
documents on the HRBA within the WASH assess claims and accountability.
sector in order to document good practices
and key implementation principles. Development stakeholders should support
and/or implement HRWS awareness-raising,
Donors should support the process of capacity-building, advocacy (improving
identifying and developing these technical, public policy and government accountability)
methodological and knowledge management and civil society organisation activities, either
tools on HRBA and HRBA within the WASH directly or via strategic partnerships.
sector.
Development stakeholders are encouraged
Governments, UN agencies and donors to strengthen their partnerships with civil
should support their partner countries with society organisations working to defend
collecting disaggregated data. human rights and the HRWS.
.
Study brief The Human Rights-Based Approach within the Water and Sanitation Sector | 7
Introduction
The COVID-19 pandemic has made access to the growing financialisation of water are making
water, sanitation and hygiene (WASH) inequalities this need to accelerate progress all the more urgent.
extremely visible, as these are essential services
This progress is being hampered by the low
for preventing the spread of avoidable epidemics
political priority afforded to the sector, poor policy
and waterborne diseases such as cholera, typhoid
implementation and monitoring, chronic under-
and diarrhoea. More than ten years after the United
funding, a lack of accountability and gaps in public
Nations (UN) General Assembly’s recognition of the
participation, which particularly affect the most
human rights to water and sanitation (HRWS) and
vulnerable. While the HRWS and commitments
more than five years after the adoption of the 2030
for ensuring access to universal services are
Agenda for Sustainable Development, nearly a third
generally included in government and development
of people globally still lack access to drinking water
(2.2 billion people) and 2 in 3 people (4.2 billion stakeholder policies and programme strategies,
people) have no safe sanitation facilities . 2 actually implementing the HRWS principles is
creating challenges.
The rights to water and sanitation are vital for
leading a life of dignity and are a prerequisite for The human rights-based approach (HRBA), which
realising other human rights. Governments have a the United Nations has been promoting since the
series of obligations for ensuring the HRWS are fully end of the 1990s through bilateral cooperation and
realised; however, there is still no clear sign that NGOs, has paved a way for strengthening the links
long-term efforts are being made to ensure universal, between development and human rights and thus
equitable and sustainable access to these services. «for the priorities for assistance to be set within
UN-Water has warned that governments need to the human rights obligations of governments,
quadruple their current rates of progress ! Climate
3
and for an emphasis on genuine and meaningful
change, population growth, resource pollution and participation»4.
© Secours Islamique France
2 JMP OMS/UNICEF 2019.
3 UN-Water, Summary Progress Update 2021: SDG 6 - water and sanitation for all, February 2021.
4 Frankovits, 2006.
8 | Study brief The Human Rights-Based Approach within the Water and Sanitation Sector
Although the HRBA has been steadily taken up by a Development and international solidarity
growing number of both institutional and non-profit stakeholders have an essential role to play in
stakeholders, putting theory into practice remains promoting and ensuring the realisation of the HRWS.
a challenge. This is due to the conceptual nature In 2019, at the global level, Official Development
of this approach, which requires a lot of work to Assistance (ODA) for the sector amounted to 9.2
effectively implement, as well as to the fact that billion dollars6. In its target 6.a, 2030 Agenda
some organisations have integrated the approach at seeks to expand international cooperation in the
the strategic level only. In addition, the conceptual sector and provide capacity-building support to
nature of the HRBA has given rise to a wide range developing countries in water- and sanitation-
of interpretations, both in implementation methods related activities and programmes. In terms of
and in scope/aims. Although encouraging innovation bilateral disbursements, France’s ODA for the
to link rights and development is one of the HRBA’s sector totalled around 516 million euros in 2019,
strengths, it can also be one of its weaknesses as 87% of which was in the form of loans and 13%
it requires an understanding of these links that was donations7. French NGOs are also vital: over
extends beyond standard tools and methods. the 2015-2017 period, 44 French NGOs secured
329 million euros for their international water and
While the HRBA seeks to address power imbalances
sanitation projects8.
and discriminatory practices, considered to be the
structural and root causes of poverty that create Adoption of the HRBA by these stakeholders is vital.
inequalities and hamper development, development Each type of stakeholder has a different role to play:
programming remains too heavily geared towards NGOs have a special relationship with communities,
a service provision-based approach, the limitations especially the most vulnerable; bilateral and multi-
of which are becoming increasingly clear when it lateral cooperation stakeholders have a special
comes to leaving no-one behind. relationship with governments; companies have
specific ties with their colleagues. Organisations also
The HRBA, however, has real added value as not
have a duty to change their practices so that they are
only does it help build people’s and communities’
more respectful of human rights and to engage fully
citizen engagement capacities over time and provide
in realising the HRWS. Progress is being made on
them with opportunities for empowerment, it also
implementing the HRBA but challenges remain, both
builds the capacities of governments, institutions
for internal organisation and for programming. The
and private stakeholders to respect, safeguard
aim of this study brief is to provide an overview of
and implement human rights and demonstrate
the HRBA within the WASH sector, assess the good
accountability. It introduces a new approach to
practices used by sector NGOs when applying the
water supply:
approach and examine the challenges and obstacles
that these NGOs need to address. It also includes
«The provision of safe drinking recommendations for development stakeholders
(governments, UN agencies, donors and NGOs).
water is no longer perceived
as charity, but as a legal
entitlement, with individuals at
the centre»5.
5 OHCHR, UN Habitat, WHO, The Right to Water, Fact Sheet No. 35, 2010.
6 UN-Water, Summary Progress Update 2021: SDG 6 - water and sanitation for all, February 2021.
7 OECD CRS database (February 2021).
8 Coalition Eau, La contribution des ONG françaises à la coopération internationale pour l’eau et l’assainissement, March 2019.
[Only in French]
Study brief The Human Rights-Based Approach within the Water and Sanitation Sector | 9
© Action contre la Faim
From a needs-based
approach to the human
rights-based approach
within the water and
sanitation sector
The content of the HRWS
In international human rights instruments, adequate sanitation for personal and domestic
realisation of the rights to water and sanitation is uses, as well as progressive access to appropriate
recognised as a vital prerequisite for fully realising and decent sanitation facilities. Access to water and
other human rights. Specific obligations have been sanitation is also important for the enjoyment of
defined in relation to this. In its General Comment
other rights, such as the right to food and the right
No. 15: The Right to Water (2002), the Committee
to adequate housing. At the same time, the HRWS
on Economic, Social and Cultural Rights stated that
can be conditional upon other fundamental rights
the right to water clearly falls within the category
of guarantees essential for securing an adequate being respected. Thus, for people unable to exercise
standard of living and is inextricably related to the their rights to adequate housing, education, work or
right to health. This gives rise to specific obligations social security, their rights to water and sanitation
that seek to ensure sufficient water supply and will be compromised.
10 | Study brief The Human Rights-Based Approach within the Water and Sanitation SectorThere is a growing number of international and As such, recognition of the HRWS is based on the
regional documents that make explicit reference rights guaranteed in the International Covenant on
to the human rights to water and sanitation. Since Economic, Social and Cultural Rights (ICESCR) and
1977, access to water has been considered as a the International Covenant on Civil and Political
human right by United Nations member states, Rights (ICCPR), both legally binding covenants that
as set out in the Mar del Plata Action Plan (1977). entail specific obligations for those states that have
This right was then affirmed in Agenda 21, which ratified them. In 2015, further progress was made
was adopted at the United Nations Conference by the UN General Assembly and Human Rights
on Environment and Development in 1992. The Council, who recognised that the rights to safe
right to water and sanitation was subsequently drinking water and sanitation are closely related but
incorporated into a series of international principles, have distinct features (Resolution A/RES/70/169).
guidelines and declarations. Although not legally
At the national level, many countries, including
binding, they provide guidance on the obligations
South Africa, Bolivia, Ecuador, Uganda, Democratic
that ensure realisation of this right. The most well-
Republic of the Congo and Uruguay, explicitly refer
known of these is the 28 July 2010 UN General
to the right to water in their Constitutions. The right
Assembly (UNGA) resolution (A/RES/64/292) that
to sanitation is also recognised in certain countries’
explicitly recognised:
Constitutions and domestic legislation, such as in
those of South Africa, Algeria, Bolivia, the Maldives,
«The right to safe and clean Sri Lanka and Uruguay.
drinking water and sanitation
In his 2015 Report A/70/203 on different levels
as a human right that is and types of service, the former UN Special
essential for the full enjoyment Rapporteur on the human right to safe drinking
water and sanitation clarified the principles
of life and all human rights».
and criteria underpinning these rights, as set
out in Resolution A/RES/64/292, namely that
Although highly symbolic, this resolution did not human rights principles apply (tables 1 and
meet with consensus (41 member states abstained9), 2) and services are required to be available,
nor was the right enshrined in a binding legal accessible, secure, affordable and culturally
instrument. In 2013, the UNGA adopted a resolution acceptable (table 3).
by consensus (A/RES/68/157) recalling that:
«The human right to safe
drinking water and sanitation
is derived from the right to an
adequate standard of living
and is inextricably related
to the right to the highest
attainable standard of physical
and mental health, as well as
to the right to life and human
dignity».
9 122 member states voted in favour of the resolution, none voted against it; 41 abstained.
Study brief The Human Rights-Based Approach within the Water and Sanitation Sector | 11TABLE 1: HUMAN RIGHTS PRINCIPLES THAT APPLY TO THE HRWS
It is to be noted that, there is no ‘official’ international terminology or set list of principles; however,
the various terms used by the United Nations or different governments cover the following principles:
APPLICATION OF ALL RIGHTS Indivisibility: whether civil, political, economic,
social or cultural, all rights are inherent to the
Legality: government and relevant stakeholders’
dignity of every human person; consequently,
action must be based on domestic and
they all have equal status as rights: they cannot
international law. The action taken must not
be listed in order of priority and there is no
violate or infringe on human rights.
hierarchy of human rights.
Universality and inalienability: human rights are
Inter-dependence: the realisation of one right
universal, everybody is entitled to them; no one
often depends upon the realisation of others.
can voluntary give them up, nor can they be taken
For instance, the realisation of the right to health
away10.
depends on the realisation of the right to water
and sanitation.
EQUALITY AND NON-DISCRIMINATION access, the types of service introduced can be
adapted to the circumstances and context. For
Governments are required to take all appropriate
example, collective sanitation facilities can be
measures to prevent all forms of discrimination
in legislation and policy, and in practice. installed in some areas, whereas in other areas,
Discrimination on the basis of race, colour, individual sanitation facilities may be used. In
sex, age, language, religion, political or other addition, some people or groups have specific
opinion, national or social origin, property, birth, needs that must be taken into account. States
physical or mental disability, health status, sexual must adopt targeted and affirmative measures,
orientation, civil, political, social or other status, giving preference to certain groups and individuals
the intention or impact of which is to deny the in order to redress discrimination (these could
right to water or prevent the equal enjoyment of include women and girls with regard to menstrual
this right is prohibited11. hygiene, as well as minority groups, displaced
Achieving equality does not mean that everybody persons, migrants, refugees or prison inmates);
should be treated identically. With respect to states have an obligation to provide water and
the HRWS, while governments must ensure that the necessary facilities to those people unable
water resource allocation facilitates universal to afford them.
PARTICIPATION AND ACCESS TO DECISION- in itself and this means that people need to be
MAKING PROCESSES empowered to ensure their active, free and
People should be able to express their views meaningful involvement. Empowerment is not a
with regard to the decisions that affect them12. recognised human rights principle, but it is often
For WASH, individuals and communities linked to the participation principle. It refers to
should be able to influence decisions on water a process through which an individual or group
and sanitation service types and management increases their control over events or processes
models. Participation should enable formal and that affect their lives, understands their rights, and
real access to public life. Participation is an end is able to claim and exercise these rights.
12 | Study brief The Human Rights-Based Approach within the Water and Sanitation SectorACCESS TO INFORMATION, TRANSPARENCY health and environmental concerns. Access to
information is vital for enabling people to hold
Access to information is recognised as a
their representatives to account, monitor budgets
fundamental right13. Participation in decision- and make informed decisions about their use of
making is only effective if there is access to WASH services. Access to information includes
sufficient and accurate information, particularly the right to seek, receive and impart information
as regards service costs, sustainability and related on water-related issues.
RESPONSIBILITY AND ACCOUNTABILITY fulfil human rights and extraterritorial obligations
(see table 2). States must put accountability
The principle of accountability introduces a
relationship of obligations between a state and mechanisms in place to ensure that people can
its citizens. States have an obligation to realise conduct monitoring to tackle rights violations and
the HRWS and can be held accountable for unsustainable practices. To this end, monitoring
this. Member states have an overall obligation needs to go beyond physical services and also
to progressively realise human rights, as well focus on inequalities in access to services within
as specific obligations to respect, protect and countries, cities and settlements.
JUSTICIABILITY or international courts. These challenges can be
both administrative and legal in nature. To be
Where there are inequalities in access, or
where the state is not progressively realising justiciable, economic, social and cultural rights,
the HRWS using maximum available resources, such as the HRWS, must first be incorporated into
or otherwise not meeting its human rights domestic legislation and redress mechanisms
obligations, people must be able to gain access should be put in place. Where this is not the
to justice. People must be able to challenge case, individuals can appeal to higher courts
human rights violations in the national, regional (regional and/or international).
10 Universal Declaration of Human Rights
(UDHR), Article 1: «All human beings
are born free and equal in dignity and
rights».
11 Article 2 of the UDHR states that
«Everyone is entitled to all the rights and
freedoms set forth in this Declaration
without distinction of any kind […]».
The ICESCR specifies that the rights set
out in the Covenant «will be exercised
without discrimination of any kind as
to race, colour, sex, language, religion,
political or other opinion, national or
social origin, property, birth or other
status».
12 Note d’expertise sur la participation
citoyenne pour l’eau et l’assainissement,
Coalition Eau, October 2019. [Only in
French]
13 Article 19 of the UDHR stipulates that
the right to freedom of expression
«includes the freedom […] to seek,
receive and impart information and
ideas through any media». Article
19 of the ICCPR contains a similar
provision. In 1946, the UNGA affirmed
that «freedom of information is a
fundamental human right».
© Action contre la Faim
Study brief The Human Rights-Based Approach within the Water and Sanitation Sector | 13TABLE 2: ESTATES’ HRWS OBLIGATIONS
GENERAL OBLIGATION OF PROGRESSIVE these rights; ii/ they take concrete, deliberate
REALISATION AND MAXIMUM AVAILABLE and targeted steps to fulfil the HRWS; and iii/
RESOURCES14
states must not take retrogressive measures
unless they can demonstrate that they have
States must progressively ensure the full
carefully weighed up all options and that these
realisation of these rights, which requires them measures are entirely justified with respect to
to work as quickly as possible towards achieving other human rights.
this goal. Progressive realisation does not mean
The improvements made to services must be
that states can postpone the realisation of these
sustainable, which means that they must be
rights indefinitely. They must define national
maintained in order to avoid slippages and
objectives based on national priorities and
retrogression. Sustainability encompasses much
resource constraints, and coherently develop
more than service reliability and operation:
their strategies and action plans for which they services must be ensured for future generations
must be held to account. and ensure a balance of the different dimensions
This progressive realisation obligation requires of economic, social and environmental
that: i/ states demonstrate that they are doing sustainability, particularly as regards the
everything in their power to protect and promote availability of water resources15.
SPECIFIC OBLIGATIONS TO RESPECT, sanction, if required – individuals or companies
PROTECT AND FULFIL refusing to supply water, polluting or unfairly
harnessing resources and water distribution
The obligation to respect means that states may
systems.
not prevent, either directly or indirectly, people
from enjoying their human rights. For example, The obligation to fulfil (provide) means that states
a state cannot restrict access to WASH to part must: i/ take positive steps to help individuals
of its population, interfere in traditional water- and communities to enjoy their right to water; ii/
sharing arrangements, pollute water through the carry out activities to disseminate appropriate
discharge of waste or destroy infrastructure as a information on the hygienic use of water, the
punitive measure. protection of water sources and methods to
The obligation to protect means that states must minimise water wastage; and iii/ provide this
protect people and groups against human rights right when individuals or groups are unable, for
violations committed by third parties. They must reasons beyond their control, to realise the right
notably take all necessary steps to prevent – and themselves with the means at their disposal.
EXTRATERRITORIAL OBLIGATIONS Depending on the availability of resources,
States must respect the realisation of the right to states should facilitate realisation of the right to
water in other countries. This means: i/ refraining water in other countries, for example through
from actions that interfere, directly or indirectly, the provision of water resources, financial and
with the enjoyment of the right to water in other technical assistance. International assistance
countries; ii/ refraining from imposing, whether should be provided in a manner that is consistent
directly or indirectly, embargoes or similar with human rights standards and culturally
measures that prevent the supply of water, as appropriate.
well as goods and services essential for securing
the right to water, on other countries; and iii/ States should ensure that the right to water is
taking steps to prevent their own citizens and given due attention in international agreements
companies from violating the right to water of and, to that end, should consider the development
individuals and communities in other countries. of further legal instruments.
14 For more information, please refer to: the Committee on Economic, Social and Cultural Rights General Comment No. 15: The Right to Water
and the fact sheet on the right to water.
15 Realising the Human Rights to Water and Sanitation: A Handbook by the UN Special Rapporteur Catarina de Albuquerque, 2014.
14 | Study brief The Human Rights-Based Approach within the Water and Sanitation SectorTABLE 3: HRWS CRITERIA16
AVAILABILITY
There must be a constant and sufficient quantity sanitation and handwashing facilities available,
of safe water, as well as a sufficient number of for personal and domestic use.
ACCESSIBILITY without discrimination, especially those with
special access needs, such as children, women,
Water and sanitation facilities must be physically
and safely accessible within or in the immediate elderly persons, and persons with disabilities. The
vicinity of each household, health or education facilities’ design, the distance and time required
institution, other public places and the workplace. to reach them, as well as the physical safety of
All users should be able to access and use them users, must all be taken into consideration.
AFFORDABILITY mean that services are to be provided free of
charge; however, when people are unable to
Water, facilities and services must be available
at a price that is affordable to all people and access these services through their own means,
that does not limit people’s capacity to acquire the state is obliged to find solutions for ensuring
other basic goods and services guaranteed by their access at an affordable price or free of
other human rights, (such as the right to food, charge, and for providing them with assistance
housing, education, etc.). Affordability does not for hygiene services.
QUALITY AND SAFETY hygiene standards and effectively prevent human
and animal contact with human excrement to
Water, sanitation and hygiene facilities must be
avert the spread of disease. They must ensure
safe to use. Water must be safe, and thus free access to safe water for handwashing and
of micro-organisms, chemical substances, and menstrual hygiene and be technically safe to use.
radiological hazards that could harm people’s Hygiene promotion and education are encouraged
health. Sanitation facilities must meet satisfactory to ensure good hygiene practices.
ACCEPTABILITY
Water must be of an acceptable
colour, odour and taste, in addition
to being of sufficient quality.
Sanitation and hygiene facilities must
be culturally acceptable so as to
ensure privacy and dignity. Personal
sanitation and hygiene are highly
sensitive issues, or even taboo, in
certain regions and communities. The
design, positioning and conditions of
use of these facilities must therefore
take specific cultures into account.
© Kynarou
16 UN Special Rapporteur on the HRWS, Leo Heller, Report A/70/203 on different levels and types of service, 2015.
Study brief The Human Rights-Based Approach within the Water and Sanitation Sector | 15The integration of human rights into international solidarity policies and
programmes
The links between human rights and development development; and lastly, v/ institutional changes
were recognised by the international community within the UN that enabled the cross-cutting
with the adoption of the Charter of the United mainstreaming of human rights21. A new approach,
Nations in 194517. However, up to the end of the based on human rights, thus emerged in the mid-
1990s, human rights and development remained 1990s within a renewed political landscape.
distinct, due predominantly to the ideological divide
With the launch of their reform programme in 1997,
that prevailed during the Cold War. Development
the United Nations began mainstreaming human
assistance initiatives implemented by the
international community focused on the «technical rights in their development and humanitarian
reduction of poverty», which involved interventions assistance programmes22. The aim was no longer to
to meet basic needs that were identified in advance simply meet aid beneficiaries’ needs, but to ensure
by public authorities and civil society organisations18. that the rights of each person were upheld by basing
This is the «needs-based approach», which mainly interventions on human rights principles. In order
consists of providing goods and services. In order to ensure that a common approach is adopted by
to reduce poverty, a pragmatic approach to meeting United Nations agencies, funds and programmes at
needs was adopted by development cooperation all levels, the «common understanding of the human
organisations, who became «technical assistance rights-based approach to development cooperation
experts» . 19 and development programming» was developed in
200323. This statement of common understanding
At the World Conference on Human Rights held
specifically declared the HRBA to be a principle that
in Vienna in 1993, human rights were reaffirmed
should guide development assistance programming.
as being indivisible and interdependent, and the
The HRBA was endorsed by states at the World
linkage between human rights and development was
Summit held to discuss the reform of the United
reasserted. There are a number of reasons for this
Nations in 200524.
change: i/ the end of the Cold War, which fostered
greater consensus on the importance of ESCR; ii/ At the same time, when developing their policies and
the failure of structural adjustment programmes, programmes, bilateral cooperation agencies, such
caused largely by a lack of responsibility on the part as the Swedish, German, English and Norwegian
of the state; iii/ expansion of the definition of poverty development agencies, started to incorporate
from lack of access to goods to a lack of capacities approaches that focused on mainstreaming human
to enjoy certain basic freedoms recognised as rights at the end of the 1990s or beginning of the
being fundamentally valuable for minimal human years 2000. Each of these development agencies
dignity20; iv/the emergence of the concept of human published framework documents setting out their
17 Charter of the United Nations, signed on 26 June 1945, Chapter 1, article 1, al. 3, «The purposes of the United Nations are: […] To
achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and
in promoting and encouraging respect for human rights and for fundamental freedoms for all».
18 UNFPA, The Human Rights-Based Approach.
19 UNDP, Mainstreaming Human Rights in Development Policies and Programming: UNDP Experiences, March 2012.
20 OHCHR, 2004.
21 French Ministry for Europe and Foreign Affairs, Expert report produced by Gret and Ciedel, How to ensure effective popular
participation in development projects? An illustration through the operationalisation of the human rights-based approach, 2020.
22 UNDP, Mainstreaming Human Rights in Development Policies and Programming: UNDP Experiences, March 2012.
23 UNSDG Human Rights Working Group, The Human Rights Based Approach to Development Cooperation Towards a Common
Understanding Among UN Agencies, September 2003; UN Practitioners’ Portal on Human Rights-Based Approaches to Programming,
Development Cooperation’s Human Rights Based Approach: Towards a Common Understanding Among UN Agencies.
24 UN General Assembly Resolution 60/1, 2005 World Summit Outcome (16 September 2005), A/RES/60/1.
16 | Study brief The Human Rights-Based Approach within the Water and Sanitation Sector© Secours Islamique France
specific understanding of the HRBA25.Other, mostly with certain aspects of their normative content. In
non-profit, organisations adopted approaches that addition, the HRBA principles of universality and
promoted social rather than legal justice, and that non-discrimination shaped this 2030 Agenda, the
focused on the equity and dignity of vulnerable core principle of which is to «leave no one behind».
people and groups. INGOs such as CARE, Action
This means that development organisations must
Aid or Oxfam thus integrated the HRBA into their
policies and programmes, albeit in different ways26. specifically focus (especially for access to services)
on people who are marginalised and do not fully
The links between human rights and development
enjoy their rights in the same way as other groups.
were gradually strengthened and were included in
This involves examining the reasons for this exclusion
the 2030 Agenda for Sustainable Development27
and taking positive and targeted measures for
that, through the achievement of 17 interdependent
ensuring these people are included. The principle
goals, seeks to ensure people «benefit from social
of public participation also forms part of the 2030
and economic development», to «fully realise human
rights for all» and «end poverty in all its forms». More Agenda, notably in target 16.7, and has also been
specifically, the HRWS are explicitly mentioned in identified as a separate target for achieving SDG 6,
the 2030 Agenda, and the SDG 6 targets, which as target 6.b seeks to «support and strengthen the
focus on achieving universal access to safely participation of local communities in improving
managed water and sanitation services, dovetail water and sanitation management».
25 Sida, Justice and Peace: Sida’s Programme for Peace, Democracy and Human Rights, Swedish International Development Cooperation Agency,
1997, Stockholm; SDC, Promoting Human Rights in Development Cooperation – Guidelines, Swiss Agency for Development and Cooperation,
1997, Bern; DFID, “Eliminating World Poverty: A Challenge for the 21st Century”. White Paper on International Development. Department for
International Development, 1997, London; Ministry of Foreign Affairs of Norway, Norwegian Government’s plan of action for human rights,
December, 1999, Oslo.
26 Gready P. and Ensor J., Reinventing Development?: Translating Rights-based Approaches from Theory Into Practice, 2005.
27 United Nations General Assembly Resolution 70/1, Transforming Our World: the 2030 Agenda for Sustainable Development (25 September
2015), Resolution A/RES/70/1.
Study brief The Human Rights-Based Approach within the Water and Sanitation Sector | 17FRANCE’S MAINSTREAMING the application of states’ international human
OF THE HRBA rights obligations. To achieve this aim, France
has developed an action plan to ensure that, by
In February 2020, France launched its new
2024, none of the projects and programmes that it
International Strategy for Water and Sanitation28,
funds violate human rights and that, in all sectors,
the primary aim of which is to help effectively
these projects and programmes maximise their
implement the HRWS. However, the strategy
positive impacts for realising human rights.
does not include a process for implementing the
HRBA, and the HRWS appear to be more of an Although somewhat late, France’s adoption
aspiration for achieving SDG 6.1 and 6.2. of this approach is a clear step forward. A
step forward that has been confirmed by the
The required paradigm shift could, however, be
programming bill on solidarity development and
brought about by France’s adoption of its Human
tackling global inequalities, which was presented
Rights and Development Strategy Paper29, at the
to Parliament in the first half of 2021: in article
end of 2019, which affirms France’s commitment
1 of the legislation, the «promotion of human
to converting its development cooperation
policy into diplomatic leverage for human rights” is identified as one of the key objectives
rights and to mainstreaming the HRBA into all of the cooperation policy and «defending the
French development cooperation interventions. human rights-based approach» is defined as a
According to the French Ministry for Europe cross-cutting priority. It should also be noted
and Foreign Affairs (MEAE), the way to achieve that water and sanitation management is the 4th
sustainable development is through the realisation sector priority listed in the bill and that France
of human rights, and development programmes will continue «its efforts to ensure the universal
should no longer be regarded only as solidarity- implementation of this human right by particularly
based responses but also as tools to support focusing on […] the most vulnerable».
THE EUROPEAN UNION’S on human rights principles, these guidelines
MAINSTREAMING seek to provide the staff of EU institutions and
OF THE HRBA delegations, as well as its member states, with
instructions and guidelines on using the EU’s
In June 2019, the Council of the European foreign policy instruments, especially those
Union (EU), which represents the governments
relating to development cooperation, in order
of EU member states, adopted the EU Human
to promote and protect the HRWS. Of particular
Rights Guidelines on Safe Drinking Water
note is the importance afforded to supporting
and Sanitation30. This document reaffirms the
human rights defenders, who are identified
EU’s commitment to ensuring the progressive
realisation of the HRWS and recognises the human as «indispensable partners in the promotion
rights-based approach. This is the first document of human rights and democratisation in their
of its kind to focus on promoting an EU-wide respective countries, as well as in international/
economic, social and cultural right. By building global cooperation».
28 French Ministry for Europe and Foreign Affairs, France’s International Strategy for Water and Sanitation (2020-2030).
29 French Ministry for Europe and Foreign Affairs, Human Rights and Development: A Human Rights-Based Approach to Development Cooperation,
February 2021.
30 Council of the European Union conclusions on EU Human Rights Guidelines on Safe Drinking Water and Sanitation, 17 June 2019.
18 | Study brief The Human Rights-Based Approach within the Water and Sanitation SectorThe HRBA concept
The aim of the HRBA is to ensure that the respect, actors in their own development, and should be
protection and promotion of human rights for all supported with claiming these rights. Poor and
are integrated into public policy and development marginalised groups are often excluded from public
programmes. Based on human rights principles, the and private debates and unable to influence the
HRBA seeks to analyse and tackle the structural decisions that impact their daily lives. The HRBA
and root causes of rights violations and redress affirms that these people should be fully informed
discriminatory practices and unjust distributions of of their rights and have the ability to participate in
power that impede development progress31. decision-making in order to rectify any imbalances.
The HRBA aims to facilitate the process by which
The HRBA thus addresses power imbalances
people are able to hold their government to account,
between people and government systems and seeks
thereby enabling them to exercise and claim their
to create accountability between rights-holders
rights.
and the duty-bearers responsible for meeting the
relevant obligations set out in international law. As At the same time, public action is no longer seen as
such, the main distinguishing feature of the HRBA an «assistance» tool but as a way of implementing
is that it deals not just with realisation of human and sustaining rights for all. Under international
rights outcomes but also with how those outcomes law, the prime responsibility for ensuring the full
are achieved. For example, if an influential figure enjoyment of rights lies with states, followed by
personally intercedes to ensure an authority takes other responsible stakeholders, such as civil society
organisations or the private sector. As a duty-bearer,
steps to help a vulnerable community, while
the state has the obligation to uphold, protect
the outcome may well be that this community is
and assert human rights by creating an enabling
provided with a service for a time, there would
environment for exercising these rights and by being
be no guarantee of sustainability. The HRBA will
held accountable for their implementation. In order
help institutionalise mechanisms to ensure that the
to ensure the effectiveness of human rights, human
HRWS are realised over the long-term and through
rights principles need to be mainstreamed into
the respect of human rights. What does this mean?
public policy development, implementation and
People and communities are no longer passive monitoring (see tables 1 and 2). These principles
recipients of assistance that is provided without their help improve the way services are planned,
opinion being sought, instead they are recognised budgeted, implemented and maintained so as to
as having a key role to play in the realisation of their achieve universal access, without discrimination,
rights: people, i.e. all citizens, are rights-holders, and prioritising those most in need.
© SEVES
31 Office of the United Nations High Commissioner for Human Rights, Frequently Asked Questions on a Human Rights-Based Approach to
Development Cooperation, 2006.
Study brief The Human Rights-Based Approach within the Water and Sanitation Sector | 19The added value of the HRBA in the WASH sector
Implementing international Developing a better understanding of the
commitments and facilitating causes of inequalities and restoring the
the formulation of public policy balance in power relations through use of an
objective framework
The HRBA helps states to translate commitments
from the international instruments they have ratified The purpose of the HRBA is to tackle the underlying
into achievable objectives for policies, legislation structural causes of inequalities by identifying the
and national budgets by clearly defining which injustices that stem from political, social and cultural
criteria should be respected. For the WASH sector, structures. This is in contrast to the needs-based
public policy and service provision standards approach, which considers inequalities as a lack
should meet the criteria of this right (see table 3), of access to basic needs, albeit with a sometimes
as well as human rights principles (see table 1 and narrow view of what basic needs are, and focuses on
2). The recommendations produced by the HRWS hardware and facilities. In the collective imagination,
rapporteurs, treaty bodies, human rights-based which continues to inform state and development
sustainable development agreements such as the stakeholders’ practices, the excluded are often
2030 Agenda, the JMP32 and GLAAS33 guidelines considered as minority. In reality, there are billions
of people around the world who are excluded from
also help states define their objectives.
services because of structural inequalities, which
are linked to a wide range of vulnerability factors.
The legal scope of the human rights
In sub-Saharan African countries, the excluded are
framework
in the majority: 73% of the population are without
The majority of countries already have mechanisms access to safely managed drinking water services
in place for facilitating access to WASH services, such and 82% have no access to sanitation services35.
as subsidies for vulnerable people. This right can The HRBA not only promotes awareness of
be covered by legislation but can also be modified existing structural inequalities, it also increases
by future governments. The HRBA is based on stakeholders’ accountability for realising the HRWS.
fundamental rights as defined under international By removing obstacles and conflict, it helps restore
law and, thus, states must not contest or impede balanced power relations and dialogue between
the realisation of the HRWS but must instead the authorities and the public. This also helps to
progressively implement them. By introducing respect progressively persuade states and institutions of the
for human rights, as defined under international law, importance of democratic and inclusive governance.
into national debates on public and development Human rights provide a normative and analytical
framework that helps to set «objective limits on the
policy issues, the HRBA helps to prompt states to
phenomenon of elite capture, providing essential
act and ensures that the measures taken to fulfil the
minimal human guarantees for the benefit of those
HRWS are not scaled down or changed at will by
suffering the consequences»36.
successive governments, even if the HRWS have
not yet been enshrined in national legislation34. In
addition, should their rights be violated, people
Ensuring the government plays a central role
should be able to engage in legal proceedings and,
in the accountability process
if there are no remedies provided for under national Under the HRBA approach, the government must
law, individuals should be able to take their case to fully assume its role in establishing dialogue,
the regional or international courts. transparency and accountability with its citizens.
32 JMP: Joint Monitoring Report de l’OMS et de l’UNICEF sur le suivi de la mise en œuvre de l’ODD6.
33 GLAAS: Global analysis and assessement of sanitation and drinking-water (Analyse et évaluations mondiales de l’ONU-Eau sur l’assainissement
et l’eau potable, en français).
34 WaterAid (2011) Les approches fondées sur les droits au service du développement de l’accès à l’eau potable et à l’assainissement. WaterAid
Document de réflexion. [Only in French]
35 JMP (OMS/UNICEF), Progress on household drinking water, sanitation and hygiene, 2000-2017.
36 Darrow et Thomas, 2005.
20 | Study brief The Human Rights-Based Approach within the Water and Sanitation SectorPolicy development becomes more transparent and identified, but also the extent of their empowerment
enables people to monitor state action and hold and participation in the relevant service and resource
the government to account. For the other relevant management processes. Meanwhile, states can no
stakeholders, such as development partners, the longer ignore and overlook an entire population
private sector, service operators and civil society, group without violating human rights frameworks.
the HRBA means no longer taking action without They must recognise the HRWS for all, regardless
taking into account either the fact that the primary of whether people live in informal housing, are
responsibility rests with the state or the need to migrants or refugees, or are socially isolated, and
build state capacities for action. This also helps to regardless of their legal status. Nobody is ‘illegal’;
build a clear normative framework that can be used states have responsibilities towards them. States
to remove obstacles and identify each stakeholder’s are required to identify, record and target them and
HRWS obligations. provide them with positive solutions that ensure
sustainable access to WASH based on their specific
Institutionalising participation and needs, such as by introducing a more appropriate
accountability mechanisms service tariff, for example. As it is based on human
rights, this approach is inclusive and requires states
Under the HRBA, states are required to establish
to take the people being left behind into account.
institutions and mechanisms to ensure the effective
and sustainable participation of people at all levels,
Complementing the service-based approach
beginning by raising public awareness of rights and
access to information, then setting up dialogue Traditional projects focus more specifically on
mechanisms for jointly developing policies and the immediate causes of poverty linked to human
programmes, and ultimately introducing monitoring conditions and to life and death situations, such as
systems to enable people to monitor and evaluate malnutrition, cholera and natural disasters. They
the policies and programmes put in place. This can also cover the intermediate causes of poverty that
either be through direct participation or through include access to services, skills and technology. The
other independent monitoring mechanisms and impacts of these projects are tangible, immediate
institutions set up by the state (independent and easily recognisable in people’s daily lives. The
institutions, evaluations, parliamentary reviews, shift to the HRBA does not mean that these projects
etc.). By building their capacities, people become are no longer necessary or of value. On the contrary,
rights-holders rather than the passive recipients of the HRBA supplements traditional approaches by
technical support. Living in a human rights-based also tackling the underlying causes of poverty and
environment will ensure people become agents of exclusion, namely social, political and economic
change, capable of holding the state to account. structures. Hybrid projects are examples of the
Human beings and human dignity are placed at the continuum of interventions that, when combined,
core of development policies and projects. can even more effectively tackle all causes of
poverty and social injustice.
Targeting the most vulnerable
A holistic approach that helps advance
The aim of the HRBA is to fulfil the rights of the
other sectors
excluded and marginalised, without which
countries cannot make sustainable development Human rights are interdependent. For instance, the
progress. Vulnerable people should therefore be HRWS clearly contributes to the realisation of other
at the core of development policies and practices. rights and vice versa (the right to health, education,
States’ governance principles should include non- food, etc.). The HRBA seeks to eradicate sector-
discrimination and the universality of human rights. based silos and develop an integrated approach
With the needs-based approach, development that also helps advance other sectors. A human
partners address people’s needs over a given time rights-based policy or programme will provide
but without addressing the structural causes of a holistic view of an issue as it will consider the
their exclusion. Under the HRBA, development interdependences between human rights, as well
partners use vulnerability factors to target the most as the social, political and legal environment. It will
vulnerable and recognise these people as rights- also determine linkages between communities, civil
holders. It is no longer only the number of people to society and authorities, links between institutions,
be targeted for WASH interventions that needs to be and stakeholder responsibilities.
Study brief The Human Rights-Based Approach within the Water and Sanitation Sector | 21You can also read
