A/HRC/36/45/Add.2 ensuring the rights to water and sanitation in practice, creating the legislative environment for concrete policies and programmes to be formulated and implemented, and allowing individuals and communities to claim their rights under domestic law. That would constitute an important and timely expression of the Government’s commitment to progress in implementing the rights to water and sanitation. While some notable complaints and cases relating to water and sanitation and environmental concerns have been brought before the courts, progress is required to ensure the justiciability of economic and social rights, with decisions implemented in practice. The adoption of a new law would be beneficial in that regard. 66. The framework of the human rights to water and sanitation requires that the most basic needs for personal and domestic uses should be recognized and put first in all parts of the country. The poor and marginalized must be the highest priority. The consequence of not reaching everyone is that the poor and marginalized are left behind. Innovative solutions have been found or are under development and should be expanded, including through cooperation with other countries experiencing similar challenges. Necessary resources, technical capacity and monitoring and control of service provision must all be among the highest priorities at every level of governance to ensure delivery of the best possible water and sanitation services to all, including the poorest and those in dispersed rural communities that are difficult to reach with infrastructure networks. There must be recognition of the impact of economic and development activities on water and the potential and actual harm caused to local people who may have no choice other than to use contaminated water sources. Prompt action to address that situation is necessary. 67. Numerous other cases of concern from various regions in Mexico were brought to the attention of the Special Rapporteur by civil society organizations and community representatives during his visit. They demonstrate the extent of the challenges facing Mexico in the field of the human rights to water and sanitation and worrying patterns of violations across the country. While he cannot address all those issues in the present report, he will be studying further the information provided to consider any additional action that may be appropriate. 68. In that connection, the Special Rapporteur recommends that Mexico: (a) Enact without undue delay and in full collaboration with all relevant stakeholders, taking into account their views and concerns, revised general legislation on water, giving full effect and meaning to the human rights to water and sanitation as established in international law and the Constitution of Mexico; (b) Review the decentralized, three-tier water and sanitation management system with a view to strengthening state and federal support and funding to municipal level service providers who are currently struggling to meet their obligations under article 115 of the Constitution; (c) Progressively realize the human rights to water and sanitation using the maximum available resources and guarantee funding and resources for water and sanitation at the levels required to fulfil legal, policy and programme commitments and to extend and improve water and sanitation service provision to poorly served or unserved regions or communities; (d) Establish formal regulatory entities for both private and public providers that are empowered to ensure that providers comply fully with human rights and meet legal obligation and standards; (e) Establish rapid intervention mechanisms requiring State or federal action to address situations in which water and sanitation systems are failing at the municipal level, including with regard to urgent technical support and assistance, emergency funding, ongoing support and training to ensure the delivery of the best possible services; (f) Take all possible measures to ensure universal access to water and sanitation for marginalized populations living in the most vulnerable circumstances, 17

Select target paragraph3