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Accountability in the human rights to water and sanitation
1.
2. Globalization and the neoliberal
wave have weakened the role of
the State in the provision and
regulation of water and sanitation
services, and the imbalance of
power has at times affected the
exercise of the human rights to
water and sanitation.
Accountability - Special Rapporteur on the human rights to water and sanitation, Léo Heller
4. Aspects of Accountability
Those who
hold power
Those who
do not
Accountability - Special Rapporteur on the human rights to water and sanitation, Léo Heller
6. Roles and
responsibilities
Answerability Enforceability
The adequate application of this
principle involves clearly defining who
is accountable, who can hold actors
accountable, and what actors must be
accountable for.
Accountability - Special Rapporteur on the human rights to water and sanitation, Léo Heller
Three
dimensions of
7. Accountability - Special Rapporteur on the human rights to water and sanitation, Léo Heller
Who is accountable?
8. Fragmentation and decentralization
Roles and responsibilities
Accountability - Special Rapporteur on the human rights to water and sanitation, Léo Heller
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9. Who can hold actors responsible?Who can hold actors accountable?
Accountability - Special Rapporteur on the human rights to water and sanitation, Léo Heller
10. What are they
accountable for?
Accountability - Special Rapporteur on the human rights to water and sanitation, Léo Heller
AVAILABILITY
ACCEPTABILITY,
PRIVACY AND
DIGNITY
QUALITY
AND SAFETY
AFFORDABILITY
ACCESSIBILITY
Normative
content of the
human rights
to water and
sanitation
EQUALITY AND NON-
DISCRIMINATION
PARTICIPATION
TRANSPARENCY
AND FREEDOM OF
INFORMATION
ACCOUNTABILITY
SUSTAINABILITY
Human rights
principles
11. Answerability refers to the requirement for
actors to provide explanations and reasoned
justification for their actions, inaction and
decisions to the people affected by them, as
well as the public at large.
Accountability - Special Rapporteur on the human rights to water and sanitation, Léo Heller
Roles and
responsibilities
Answerability Enforceability
Three
dimensions of
12. Enabling environments for answerability
Monitoring and
reporting
Empowering
individuals
Combating
corruption
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Accountability - Special Rapporteur on the human rights to water and sanitation, Léo Heller
14. Accountability - Special Rapporteur on the human rights to water and sanitation, Léo Heller
Answerability:
Complaint Mechanisms
15. In the event that the standards are not met,
enforceability mechanisms impose sanctions and
ensure that corrective and remedial actions are taken.
From the perspective of individuals, enforceability
provides a venue to claim the rights to water and
sanitation by enforcing actors’ compliance and to
exercise the right to an effective remedy.
Accountability - Special Rapporteur on the human rights to water and sanitation, Léo Heller
Roles and
responsibilities
Answerability Enforceability
Three
dimensions of
16. Oversight as prerequisite of enforceability
Regulators
National Human
Rights Institutions
Media
Social audits
Accountability - Special Rapporteur on the human rights to water and sanitation, Léo Heller
17. It is important that courts have the
competence to assess cases related to
violations of the human rights to water and
sanitation and to allow public interest
litigation and class actions.
Quasi-judicial mechanisms refer to an
arbitrator or public administrative agency
with the power to determine facts objectively
and draw conclusions that will provide the
basis for official action.
NATIONAL
JUDICIAL
MECHANISMS
QUASI-JUDICIAL
MECHANISMS
Enforceability mechanisms
Accountability - Special Rapporteur on the human rights to water and sanitation, Léo Heller
20. Challenges to enforceability
Economic and
social cost
Access to
mechanisms
Public
trust
Non-justiciability
Accountability - Special Rapporteur on the human rights to water and sanitation, Léo Heller