A/62/214
effective measures to stop third parties from interfering with access to water and
sanitation. For example, a State must take effective steps to ensure that private
service providers do not compromise access to safe water and adequate sanitation.
The duty to fulfil requires a State to provide those living in poverty with the
minimum essential amount of water and basic sanitation if they would otherwise be
unable to access them.
83. In other words, whether the supply of water and sanitation facilities is
entrusted to a public or a private company, a State remains responsible for the
proper regulation of its water and sanitation systems, as well as for the health and
well-being of the most disadvantaged in its jurisdiction.
Participation
84. The active and informed participation of individuals and communities in
health policymaking that affects them is an important feature of the right to the
highest attainable standard of health. The right requires that special efforts be made
to ensure the participation of individuals and groups that have traditionally been
excluded or marginalized. For instance, in the context of water and sanitation, even
though women bear a disproportionate burden in the collection of water and
disposal of family wastewater, they are often excluded from relevant decisionmaking processes. States should therefore take measures to ensure that women are
not excluded from decision-making processes concerning water and sanitation
management.
85. In most cases, communities and groups have a better sense of the kind of water
and sanitation services they require and how those services should be managed.
Therefore, when formulating its national water and sanitation policy and
programmes, a State should take steps to ensure the active and informed
participation of all those likely to be affected.
International assistance and cooperation
86. States have the obligation to take steps individually and through international
assistance and cooperation towards the full realization of various rights, including
the right to health. Depending upon the availability of resources, developed
countries should provide financial and technical assistance to supplement the
resources of developing countries with a view to ensuring that everyone has access,
as promptly as possible, to safe water and adequate sanitation.
87. Given the massive public health challenge posed by the inadequacy of water
and sanitation facilities in the developing world, the Special Rapporteur reminds
States of the commitments made under the Millennium Declaration and the World
Summit on Sustainable Development and emphasizes the need for a global
partnership on water and sanitation, aimed at establishing an effective, integrated
water and sanitation supply system delivering quality affordable water and
sanitation for all.
Monitoring and accountability
88. The right to health brings with it the crucial requirement of accessible,
transparent and effective mechanisms of monitoring and accountability. Those with
right-to-health responsibilities must be held to account in relation to the discharge of
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