ABSTRACT
As shown in Chapter 4, international human rights (HR) law mostly prioritises social and relational inclusion which has implications for human development and issues of access to resources like water, sanitation and hygiene facilities, characteristically falling within the domestic jurisdiction. The subsidiary research questions for this chapter are therefore: (a) How did the international human right to sanitation emerge and what does it mean across multiple levels of governance? (b) What are the principles of the human right to sanitation and how can progress towards realising the right be monitored? (c) How do the principles of the human right to sanitation address the drivers of poor sanitation services to promote inclusive development? The chapter adopts a multi-level governance approach because the human right to sanitation (HRS) initially evolved internationally through a bottom-up approach, as a result of local advocacy efforts and HRS norms now transcend multiple levels of governance. It analyses the emergence, legal bases and status of the international HRS (see 5.2); the analyses is enriched through content analysis of HRS legislations in 67 States across Africa, Asia, Europe, North America, Oceania and South America (see Annex I), and decisions of national, regional and international courts. The remaining sections address the principles of the HRS (see 5.3), and the instruments through which the HRS principles are operationalised (see 5.4). section 5.5 discusses the structural, process and outcome indicators for monitoring the HRS, while section 5.6 discusses the HRS principles in relation to drivers and ID. Further, section 5.7 articulates the key inferences derived from this chapter.
