A/HRC/30/39/Add.2 marginalized groups. Kenya has also ratified a number of regional human rights treaties, such as the African Charter on Human and Peoples’ Rights and the African Charter on the Rights and Welfare of the Child; the latter obliges States parties to take measures to ensure the provision of adequate nutrition and safe drinking water. 5. Safe drinking water and sanitation is a human right, derived from the right to an adequate standard of living, which is enshrined in, inter alia, article 11 of the International Covenant on Economic, Social and Cultural Rights. This right was explicitly recognized by the General Assembly in its resolution 64/292 and by the Human Rights Council in its resolution 15/9. 6. To be more specific, the human right to water and sanitation entitles everyone, without discrimination, to have access to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic use, and to have physical and affordable access to sanitation, in all spheres of life, that is safe, hygienic, secure and acceptable, and that provides privacy and ensures dignity. This content of the right was explicitly recognized by the Human Rights Council in its resolution 24/18 and reaffirmed in its resolution 27/7. The realization of the human right to water and sanitation also requires ensuring access to adequate and affordable hygiene practices, including hand washing and menstrual hygiene management, that ensure privacy and dignity. Furthermore, effective measures have to be taken to ensure adequate disposal and treatment of human waste, including of wastewater. Even in cases of delegation of service delivery to third parties (private or public companies, for instance), the Government is required to regulate its activities to ensure that all aspects of the human right are guaranteed, prioritizing disadvantaged and marginalized groups. 7. Kenya was one of the first States to explicitly recognize the human rights to water and sanitation in national legislation. In article 43 of its Constitution of 2010, Kenya recognizes those rights by stating that every person has the rights to reasonable standards of sanitation and to clean and safe water in adequate quantities. Such an explicit recognition is a critical first step, since it provides a strong legal foundation for, and demonstrates a clear commitment to, realizing these rights for everyone in the country. In addition, article 56 of the Constitution provides that the State is to put in place affirmative action programmes designed to ensure that minorities and marginalized groups have reasonable access to water, health services and infrastructure, among other things. This is a uniquely strong provision, which reiterates a core human rights principle of equality and non-discrimination. 8. The Water Act of 2002 is the principal legal instrument in this sector; it provides for the management, conservation, use and control of water resources and for the regulation and management of water supply and sewerage services. It does not contain any reference to the human rights to water and sanitation. The Act provides the basis for the commencement of comprehensive reforms in the water sector, including definitions of the roles of the relevant actors. The Water Services Regulatory Board was established to set standards for the provision of water and sewerage services and to regulate service providers. The Water Resources Management Authority, the water services boards, the Water Appeal Board and the Water Services Trust Fund were also established under the Act. 9. Following the adoption of the Constitution of 2010, the Water Bill was drafted to provide for the regulation, management and development of water resources and water and sewerage services in line with the Constitution. Once the Bill enters into force, it will replace the Water Act of 2002. The Bill, which was gazetted on 17 March 2014 and was before the Parliament at the time of the visit, restates water and sanitation as human rights. The Bill prescribes the devolution of water and sanitation services in line with the Constitution, and proposes that water and sewerage services be provided by county-owned water service providers. 4