A/HRC/36/45/Add.1
that there are still whole population groups that do not have access to those services. In the
case of the population living in ilhas 20 in Porto, the Special Rapporteur reiterates the
concern of the Special Rapporteur on the right to adequate housing regarding their
inadequate living conditions, particularly the ad hoc sanitation facilities that are sometimes
outside the homes or without doors for privacy or a place to wash (see
A/HRC/34/51/Add.2, paras. 45-48). Similar concerns relate to the situation of the Roma
population, such as the people he encountered in Amadora. The Special Rapporteur
encourages the municipalities to provide support for the construction and maintenance of
solutions for sanitation for those who are in vulnerable situations, including people living in
informal settlements and the homeless.
47.
Furthermore, for both water and sanitation, the disparity between urban and rural
areas is still high. According to the 2011 census, for every one housing unit in an urban area
that did not have access to a water supply, a sewage system and a toilet, there were three
households in a rural area.
2.
Situation in educational and public institutions
48.
Water and sanitation services should be accessible in public institutions such as
health facilities, educational institutions and workplaces. Decree-Law No. 243/86 requires
that access to water and sanitation services be provided in schools, health facilities, prison
facilities and, in general, all public buildings. It specifically requires that sanitary facilities
possess at least one fixed toilet (or Turkish squat style for men) per floor or per 25 male
workers and 15 female workers. It further requires that sanitary facilities must have running
water and be connected to a sewerage system or adequate septic tank and be equipped with
non-irritant soap and, ideally, automatic hand-dryers or paper towels.
49.
The Special Rapporteur notes the assessment of the Ombudsman’s Office regarding
the improved sanitary facilities in prisons and juvenile detention centres. Over the past few
decades, there have been positive developments in prisons in Portugal in terms of water
supply and sanitation, both in cells and in other places of confinement, with the complete
eradication of the use of the “toilet bucket”.
B.
Quality
50.
The normative content of the human right to water requires water to be of quality
and safe, so that its consumption and use do not adversely affect human health. Sanitation
services must be hygienic and prevent the contact of faeces with humans, animals and
insects.
51.
In 1993, the drinking water quality levels in the country were low, with only 50 per
cent of households with access to controlled drinking water of good quality. Following the
reform in the water sector, there was a significant improvement in the quality of drinking
water, with 99 per cent of water complying with the national standards in 2015.21
52.
The regulatory system for drinking water quality in Portugal is established under
Decree-Law No. 306/2007, 22 which transposes European Drinking Water Directive
98/83/EC. The law is intended to protect human health from the effects of possible
contamination and establishes the criteria for managing a public drinking water supply
system. Furthermore, it defines the competence of various actors in relation to water quality
surveillance, including water service providers, the Water and Waste Services Regulation
Authority and the health authorities. The Water and Waste Services Regulation Authority
implements the mechanisms and tools to ensure compliance with the legal requirements by
20
21
22
12
Ilhas are a unique form of housing found only in Porto. Established in the nineteenth century for
workers, the miniature homes, measuring on average 16 m3, house some of the poorest families in
Porto. Hidden from view, the ilhas are located down narrow lanes. There are 957 of those housing
arrangements scattered throughout Porto.
See www.ersar.pt/en/the-setor/sector-report.
That Law replaced Decree-Law No. 243/2001.