A/HRC/36/45/Add.1 16. The Special Rapporteur underscores the importance of explicit legal recognition of the human rights to water and sanitation at the national level. Such recognition will allow for comprehensive legal protection of those rights and will complement the à la carte approach according to which only certain principles of human rights are enshrined in existing Portuguese legislation. Furthermore, having a national law is key to ensuring the justiciability of the human rights to water and sanitation. It is crucial that national legislation provides a clear guarantee to individuals and groups who are alleged victims of a violation of their rights to water and sanitation, so that they are able to file a complaint before a judicial body, request legal remedies and have those remedies enforced. The Special Rapporteur emphasizes the international commitment of Portugal to provide access to remedy, as highlighted in the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which it ratified in 2013, and under article 20 of its Constitution. B. Policy framework 17. In addition to legislative measures, the Government is obliged to adopt administrative, educational, social and other measures to realize the human rights to water and sanitation. Continental Portugal has a master plan on water and sanitation services, which started with the first Strategic Water Supply and Wastewater Sanitation Plan covering the period from 2000 to 2006, and the second plan covering the period from 2007 to 2013. Building on the results of the first plan, the second plan aimed to ensure that 95 per cent of the population had access to public water provision and 90 per cent to sanitation by 2013. As for services management, the second plan aimed for full cost recovery and increased participation of private companies in the sector. 18. The most recent strategic plan covers the period up to 2020. The Special Rapporteur welcomes the fact that the 2020 plan highlights the recognition of the human rights to water and sanitation by the United Nations General Assembly in 2010.10 The 2020 plan focuses on efficient management of water resources and on issues such as restructuring the sector and financial resources. The Special Rapporteur looks forward to the progress that Portugal aims to achieve in implementing the 2020 plan, particularly in terms of guiding public policy on quality services at a sustainable price. Furthermore, the Special Rapporteur welcomes the fact that the 2020 plan involves a monitoring group composed of various stakeholders, including local government, Águas de Portugal (the State-owned holding company that provides water and sanitation services), civil society and other monitoring groups to facilitate the right to participation for stakeholders and to disseminate information relating to policy formulation. 19. The Special Rapporteur notes that no information on the policy framework of the two autonomous governments has been made available to him. IV. Institutional framework A. Institutional transformation 20. After the 1980s, Portugal faced the need to develop standards on drinking water and sanitation services provision. The Portuguese water and sanitation sector reform started in 1993 and resulted in a complex institutional architecture within which multiple actors have different roles. 21. In 1993, Portugal had an underdeveloped water and sanitation infrastructure with 81 per cent of households in Portugal having access to public water supply systems and 68 per cent to wastewater management services. Portugal experienced institutional fragmentation, with several public bodies having disparate but overlapping responsibilities in relation to 10 6 See www.apambiente.pt/_zdata/Politicas/Agua/PlaneamentoeGestao/PENSAAR2020/ PENSAAR2020_Relatorio_Vol2.pdf.

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