The Human Rights-Based Approach within the Water and Sanitation Sector

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The Human Rights-Based Approach within the Water and Sanitation Sector
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
The Human Rights-Based Approach within the Water and Sanitation Sector
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
The Human Rights-Based Approach within the Water and Sanitation Sector
© 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
The Human Rights-Based Approach within the Water and Sanitation Sector
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
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
The Human Rights-Based Approach within the Water and Sanitation Sector
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
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
The Human Rights-Based Approach within the Water and Sanitation Sector
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
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
The Human Rights-Based Approach within the Water and Sanitation Sector
© 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 Sector
There 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 | 11
TABLE 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 Sector
ACCESS 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 | 13
TABLE 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 Sector
TABLE 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 | 15
The 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 | 17
FRANCE’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 Sector
The 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 | 19
The 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 Sector
Policy 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 | 21
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