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The Right to Sanitation: Translating the Right into a reality

The Right to Sanitation: Translating the Right into a reality. Lovleen Bhullar, Environmental Law Research Society, New Delhi. International Sanitation and Gender Workshop Park Hotel , New Delhi, India 9-10 December 2013. BACKGROUND.

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The Right to Sanitation: Translating the Right into a reality

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  1. The Right to Sanitation: Translating the Right into a reality Lovleen Bhullar, Environmental Law Research Society, New Delhi International Sanitation and Gender Workshop Park Hotel, New Delhi, India 9-10 December 2013

  2. BACKGROUND Design and implementation of research in India (plus Kenya and South Africa) on the Human Right to Safe Drinking Water and Sanitation • Objective: to realize the right to sanitation • Research Team: Philippe Cullet (SOAS, UK), SujithKoonan (India) & Lovleen Bhullar (India)

  3. KEY COMPONENTS Assessment of national-level legal and policy frameworks (India, Kenya and South Africa) • to understand rationale and approaches & to identify gaps • to examine links with other rights (eg water, education, health) • to contribute to mutual learning process Implementation of State-level legal and policy frameworks (Kerala, Rajasthan and Uttar Pradesh) • to evaluate local-level implementation mechanisms • to identify best practices, implementation challenges & gaps • to examine potential of on-going Central/State government programs and schemes (eg MGNREGA, RAY)

  4. KEY COMPONENTS: GENDER PERSPECTIVES • Constitution of India • Article 21 - Supreme Court’s broad interpretation – includes right to sanitation • Laws governing local bodies • EgPanchayat laws • Policies for rural sanitation • EgNirmal Bharat Abhiyan • Limits of criminal laws • Social dimension • Prohibition of Employment as Manual Scavengers and their Rehabilitation Act (2013) • Provision of toilet facilities in schools • Article 21A of the Constitution • Right of Children to Free and Compulsory Education Act (2009) • Supreme Court’s direction (2012)

  5. KEY COMPONENTS: GENDER DIMENSIONS • Use of existing legal instruments to access information and participate in decision-making • Reduce corruption • Increase accountability and transparency • Increase avenues for public-participation in decision-making processes • eg Right to Information Act, 2005 • RTI requests • Eg state-level Public Service Acts • Time-bound delivery of public services • Punishment to errant officials

  6. PROCESS & MILESTONES Sensitize policymakers and other stakeholders • Desk-based review • Fieldwork in three States • Written outputs, state-level learning events & national workshop • to enhance understanding about legal & policy mechanisms

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