France
This articles outlines
the steps taken to ensure implementation of the human right to
drinking water and sanitation in French legal order. It includes a
description of the latest law N°2013-312 of 15th April 2013 which
legalized the social tariff and banned water disconnections in case
of unpaid bills and an outline of the implementation of the right to
water in Paris. France has already adopted many provisions to
guarantee the right to water but still needs to introduce a legal
provision that would recognize that the right to drinking water and
sanitation is a human right. It would also need to implement more
fully the laws adopted over the last 10 years on water services.
Introduction
In his address of the 2nd June 2010, the President of the French Republic supported the objective to:
“organize a universal right to water and sanitation.”
This
official position is in line with that it has upheld for many years.
As early as 1994, Madame Simone Veil, as Minister of Social Affairs,
declared that: “free access to clean water is a human right”
and
in 2003, President Chirac proposed that “access to water be recognised as a fundamental right”
. France took a stand in favour
of the right to water during the World Water Forum in Mexico (2006)
and in March 2009, the Minister Jean-Louis Borloo defended the right
to water as a “human right of the 21st century”
.
In 2012, the Prime Minister Jean-Marc Ayrault presented the new Governmental positionJ.-M. Ayrault: « Je rappelle aussi que le gaz, l’électricité, comme l’eau d’ailleurs sont des biens communs et ne peuvent être livrés à la seule loi du marché. Nous mettrons en place une tarification progressive avec un double objectif social et écologique, le Gouvernement y travaille déjà pour que cette mesure prenne effet très rapidement. », 3/7/2012. which emphasized the issue of pricing of a common good. While the human right to water was not any more an issue, its implementation required governmental attention. The social dimension of water supply had to be addressed in addition to the economic and environmental dimensions.
At local level, a number of mayors started to promote new approaches in tariff settings and in provision of aid for the water of poor households. Libourne introduced a symbolic price for the first block of consumption, Paris took account of the water bills in rent subsidies, Dunkirk implemented a social tariff and Viry-Châtillon set different prices for different categories of users. In 2013, the Parliament adopted a law that banned water disconnections in case of unpaid water billsLoi N°2013-312 du 15 avril 2013 (loi Brottes) visant à préparer la transition vers un système énergétique sobre et portant diverses dispositions sur la tarification de l'eau et sur les éoliennes.. This considerable step was taken in the UK in 1999 and in many European countries disconnection of water supply has become very rare.
Effects of international recognition of the right to drinking water and sanitation on French law
Following the General Assembly of the United Nations' adoption, in July 2010, of a resolution recognizing the fundamental right to water and sanitation and the Human Rights Council's adoption of a further resolution in September 2010 on the same subject, the Ministry of Foreign and European Affairs set forth the official position of France in light of these votes:
“France welcomes the adoption by consensus on 30 September of a resolution on the right to safe drinking water and sanitation which it co-sponsored. The right to safe drinking water and sanitation was recognized as a human right by the United Nations. The Human Rights Council resolution supplements this and clarifies the main parameters of this right. It affirms in particular that the right to safe drinking water and sanitation is derived from the right to an adequate standard of living.”
(France - Diplomatie, 4 Oct. 2010).
As a result of the considerable progress made in 2010 regarding international recognition of the right to drinking water and sanitationHenri SMETS, "Les effets de la reconnaissance internationale du droit à l’eau potable et à l’assainissement", Revue Environnement, Industrie, Nuisances, Nov. 2010., the priority in France is now to organize and formalize this right in domestic law. It is no longer a matter of defending an already accepted principle, but rather of implementing this by identifying concrete legal and practical solutions.
By ratifying the International Covenant on Economic, Social and Cultural Rights (1966) and by supporting the 2010 Resolutions of the General Assembly of the United Nations and the Human Rights Council, the French Government, under Article 2 of the CovenantArt. 2.1. "Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures." This commit-ment applies to the right to drinking water and sanitation which is included in the right to an adequate standard of living (Art. 11 of the Covenant)., has committed to taking the domestic legislative measures necessary to ensure the right to an adequate standard of living (Art. 11), which includes the right to drinking water and the right to sanitation, as affirmed in the interpretation within the framework of the Human Rights Council which was supported by France.
This right to drinking water and sanitation has therefore become an important political objective, a policy for Parliament and a source of inspiration for the Government. Whilst France has committed itself to formalizing this right in French law, it is only gradually implementing it.
The
French Government's support of the above-mentioned resolutions will
have little direct effect on domestic law. Economic and social
rights, such as the right to an adequate standard of living, food or
housing as laid down in the International Covenant on Economic,
Social and Cultural Rights, are recognized as provisions invoked
between States, yet are of little practical use when defending
individual rights in a French courtIn the Mme Bayer case (N°323250, reading of 15 December 2010), the Conseil d'État took the Rome Convention into consideration: “Whereas the decision of the mayor to refuse, on the basis of Article L.111-6 of the town planning code, to permit an unauthorized construction for residential use to connect to the electricity, water, gas or telephone networks constitutes interference by a public authority in the right to a private and family life, as guaranteed by the aforementioned provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms and that, if such interference can be justified by the legitimate aim that is the respect of planning rules and safety and the protection of the environment, it pertains, in each case, to the administration to ensure and to the judge to verify that the interference resulting from the refusal to grant a connection is, given all the facts of the case, proportionate to the legitimate aim being pursued.". According to the consistent interpretation of the administrative
Supreme Court, the Conseil d'État, and the highest French judicial
court, the Cour de cassation, these rights are “stipulations that have no direct effect on individuals
”. Several other countries also
hold this position on the absence of direct effect.
A large number of French rulings have substantiated the fact that many economic and social rights cannot be invoked in French courtsIn 2005, the Cour de cassation reiterated that “with regard to their content, the provisions of Article 11 of the International Covenant on Economic, Social and Cultural Rights of the 16 December 1966, which have no direct effect in domestic law, cannot be effectively invoked”, C. Cass. com, Arrêt N°199 (25 January 2005). Likewise, the Conseil d'État (Aides, decision N°335738, reading of Thursday 23 December 2010): “Whereas, firstly, under Article 10 of the International Covenant on Economic, Social and Cultural Rights, party states recognize that the greatest possible protection and assistance should be accorded to the family and to children; and, according to Articles 11 and 13 of the revised European Social Charter, the parties commit to taking appropriate measures to ensure the effective exercise of the right to protection of health, social and medical assistance, respectively, these stipulations, which have no direct effect on individuals, cannot be effectively invoked in support of claims for the annulment of the contested decision…”. Notably, this is also true of the right to drinking water and sanitation, even though this has formally been accorded equal status to the other economic rights contained in the Covenant. In contrast, both France's official position and the aforementioned resolutions could, however, have an important effect on those cases that come before the international courts, such as the European Court of Human Rights or the European Court of Justice.
The absence of direct effect is due to the fact that the stipulations are not sufficiently clear or precisely stated. For the right to drinking water and sanitation to become an enforceable right, it needs to be more clearly defined. Introducing programmatic provisions or provisions that require implementing measures is not sufficient. The obligations of French actors will only be established through substantive law, laws and case laws, and not through unclear political discourses.
For the right to drinking water and sanitation to become a real human right in France, previously established legislative provisions would need to be supplemented so that the right to water can be formalized. The Resolutions adopted in 2010 need to be translated into enforceable texts within domestic law, taking inspiration from General Comment N°15CESCR, General Comment N°15: The right to water, 2002.. Stating in French law that the right to drinking water is a fundamental right will help but not suffice; it will also be necessary to define who is to provide this drinking water and under which conditions.
As
early as 2007, the French National Consultative Commission on Human
Rights (CNCDH: Commission nationale
consultative des droits de l'homme)
emphasized “that, in order to be completely effective, the right to water needs to be implemented through precise provisions in domestic law, covering its various aspects, notably access to water and sanitation for the poor or in occasionally deficient rural areas.”
The Economic, Social and Environmental CouncilConseil économique, social et environnemental (CESE), Les usages domestiques de l'eau, recommendation presented by M. Paul de Viguerie, 2009. and the Conseil d'ÉtatConseil d'État, L'eau et son droit, Rapport du Conseil d'État, La documentation française, 2010.have recently published important reports that focus on the issue of implementing the right to water. Studies have also been undertaken within the Water AcademySee www.academie-eau.org.. The National Water Committee and the National Consultative Committee on Human Rights (CNCDH)CNCDH, Avis sur la mise en œuvre du droit de l’homme à l’eau potable et à l’assainissement, Avis du 23 juin 2011, Site CNCDH (www.cncdh.fr/IMG/pdf/11.06.23_Avis_droit_a_l_eau.pdf). made proposals to the Government concerning bills related to the right to water.
In 2006, France formally introduced elements pertaining to the right to water in its law on water and aquatic environments. Various legislative changes also came into force as outlined below. In a number of cases the individual right derives from an obligation which public bodies or private parties must fulfill.
The main provisions of the right to drinking water and sanitation in French law
The right to drinking water and sanitation in France results from a range of provisions introduced to ensure public health, manage the public water supply, maintain hygiene, reduce pollution and protect human health, natural resources and the environmentFor a survey of French laws concerning the right to water and sanitation, see Henri SMETS, Le droit à l’eau potable et à l’assainissement en Europe, Ed.Johanet, Paris , 2012. Also Henri SMETS, L’accès à l’assainissement, un droit fondamental, Ed. Johanet, Paris, 2011.. In particular, municipalities (local authorities) are responsible for operating sewer systems in urban areas, inspecting on-site sanitation facilities and monitoring the water quality. Most of the provisions currently in force define the obligations or responsibilities of both the authorities and the public. There are nevertheless a number of provisions, which define precisely individual rights in this area.
The Environmental Charter of 2004 which is part of the Constitution introduces
“The right to live in a healthy and balanced environment” and “The right to access environment-related information and to participate in the public decision-making process where this has an incidence on the environment”.
These very general constitutional rights were made more specific by a dozen of laws adopted since 2004 to describe individual rights within the water and sanitation sector.
These rights deal with the following issues:
1. Public water and sanitation services;
2. Price for water supply and sanitation;
3. Water supply and sanitation for particular groups of vulnerable people.
The most significant innovation was to ensure that no longer would anyone be excluded from the right to drinking water and sanitation services because of financial difficulties. The idea behind is that water is not a commodity like any other but a common good, which should be enjoyed by all members of society. The underlying concept is sharing a good that belongs to all and not acquiring a commercial product sold by a supplier to a customer. The price is not a mechanism for the distribution of water on a market but a mechanism to allocate water costs among all users.
As
was stated by the late Stephane Hessel,
«L’eau n’est pas une marchandise quelconque fournie dans une perspective de profit. Elle est un bien commun auquel tous les hommes ont droit. Il doit devenir un droit opposable dans l’ordre juridique français ».
The human rights related to water and sanitation services
Right to connect to a water supply network
In almost all French municipalities there is a public system of water supply. Each person has the right to connect to the water supply network in his vicinity, if one exists, at its own expense. Once the connection is activated, there is a constant supply of drinking water. All users of the network should be treated without discrimination (equality of conditions of supply). It is not compulsory for each municipality to construct a water supply network. In practice, there are only 100 municipalities, out of a total of 36 664, with no water supply network and only 150 000 out of 25.6 million dwellings with no water connection.
All municipalities are required to define those areas of their territory served by a water supply network and those parts, which are left unserved. This new requirement is now in force and should clarify which houses are not to be served.
According to decisions by Conseil d’Etat, the inhabitants of remote dwellings cannot exercise the right to have water supplied to their home because it is considered to be too costly for the community to supply distant houses. The right to refuse to connect illegal housing is still a matter for discussion. In general, there is a temporary connection to an existing network until the dwelling is evacuated or destroyed.
Right to be supplied with good quality drinking water
According
to the Health Code, “Anyone offering water to the public for human use must ensure that this water is fit for consumption
” (CSP, Art.
L1321-1). Every citizen can demand that distributed water be potable
and this obligation is met in nearly all cases. If water is not
drinkable, for instance because of a technical malfunction or a
storm, the water utility has to provide an alternative water supply
to the users (free bottled water).
Right to sanitation (toilets, sewers, waste water treatment)
The
right to sanitation has been introduced rather recently. It can be
derived from the Environmental Charter, annexed to the Constitution,
which stipulates that “Everyone has the right to live in a healthy and balanced environment
” and from the Charter of Fundamental
Rights of the European Union that states that human dignity must be
respected and protected. European community law and national lawHenri SMETS, Le droit à l’assainissement, un droit fondamental, Éditions Johanet, Paris, 2010 (in particular: "Le droit à l’assainissement en France"). P. STEICHEN, "L’évolution du droit de l’assainissement en France : une mise aux normes sous contrainte", Les Cahiers de Droit, Vol. 51, N°3-4, sept.-déc.2010, pp. 567-93 (2010). contain several provisions for formalizing the right to sanitation
(the collection and treatment of waste water). As a contracting party
to the Protocol on Water and Health, France has committed to taking
“all appropriate measures to achieve adequate sanitation of a standard that sufficiently protects human health and the environment
”. The right to sanitation is now recognized as an
individual right on an equal footing with the right to water, but
most of the obligations involved come under the remit of the public
authorities.
When there is a collective sanitation system, everyone is entitled to a sanitation service that conforms to health and environmental standards. Such systems exist in all French towns but are not yet up to standards.
Municipalities
are under the obligation to establish a sewage plan delineating areas
of the communes with sewage and also to manage the collective sewage
system in urbanized areas of the commune. According the Public Health
Code (L1331-7-1), there is “a right to connect to the collective sewage system
”.
If there is no sewage system (rural areas), municipalities must establish a non-collective sanitation system according to which everyone is entitled to an inspection of existing sanitation systems and to demand that such sanitation facilities are appropriateCGCT, Article L2224-10: "Les communes ou leurs établissements publics de coopération délimitent les zones d'assainissement collectif où elles sont tenues d'assurer la collecte des eaux usées domestiques et le stockage, l'épuration et le rejet ou la réutilisation de l'ensemble des eaux collectées et les zones relevant de l'assainissement non collectif où elles sont tenues d'assurer le contrôle de ces installations.". This new control system is very significant because 13 000 municipalities have no collective sewer system and so rely on the proper functioning of on-site sanitation facilities (19% of the population).
Right of access to water supply facilities, to toilets and to waste water evacuation facilities in housing and at the workplace
The numerous provisions in place pertaining to the right to housing, work, health and the environment, etc. have resulted in nearly everyone now having access to water from the supply network and to toilets in dwellings, in the workplace, in school buildings, in meeting places, cinemas and theatres, on long distance public transport, etc. The right to water and sanitation derives from the fact that the necessary facilities have to be made available by the operator. In particular, it is forbidden to rent out or to operate facilities with poor standard sanitary equipmentMandatory sanitary equipment of dwellings is described in art. R 111-3 of the Code of construction and housing.. The regulatory requirements are very precise. If a facility without toilets is rented, the lesser has the right to demand installation of a toilet without any increase in the rent.
Right of access to information and public participation in water and sanitation services
The water supply and sanitation sector is a public service where there is relatively limited access to information and public participation in decision-making - despite the fact that the laws currently in force include several obligations in this regard.
According to the Environmental Charter (Art. 7), “Each person has the right, within the conditions and limitations of the law, to access environment-related information that is held by the public authorities and to participate in the public decision-making process where this has an incidence on the environment.
” This provision,
which has constitutional value, is supplemented by the rights of
access to information and public participation in decision-making set
out in the Aarhus Convention (Convention on access to information,
public participation in decision-making and access to justice in
environmental matters). It is also implemented through various
European community laws.
Recently,
a law was adoptedLoi N° 2012-1460 du 27 décembre 2012 relative à la mise en œuvre du principe de participation du public défini à l'article 7 de la Charte de l'environnement. Cette loi met notamment en œuvre les principes suivants : « Le principe selon lequel toute personne a le droit d'accéder aux informations relatives à l'environnement détenues par les autorités publiques » ;
« Le principe de participation en vertu duquel toute personne est informée des projets de décisions publiques ayant une incidence sur l'environnement dans des conditions lui permettant de formuler ses observations, qui sont prises en considération par l'autorité compétente. »
to promote a stronger role to public information and consultation.
Much progress needs to be made because nearly half
of householdsOut of 22 million connections, 18 million are domestic connections of which 14 million are within a contract with the occupier (out of a total of 27 million households). Thus 13 million households have no direct relations with the water supplier.never receive information from their water supplier, whereas they do
receive information from many other public services (electricity, gas, telephone, etc.) with whom they have a direct contractual
relationship.
Right to bring any dispute with the water utility to the water mediator
Private water utilities that supply ¾ of the population have agreed to set up a water mediation system so as to speed up the solution of any dispute with the utility. This system has proven to be very effective and is free. The water ombudsman dealt with almost 200 cases in 2011 (91% of cases are related to water bill, 5.2% to the quality of service, 2% to the metering or connection to the water network and 1.8% to the drinking water quality).
The individual rights related to the price of water and sanitation
In
France, there is a public policy to provide access to drinking water
and sanitation services against payment of the full cost of the
services (le principe “l’eau paye l’eau
”)For a survey of tariff measures for water in Europe, see the books by Henri SMETS published by V. Johanet, Paris on progressive tariff, the standing fee and the new water tariffs..
There is even a law prescribing that municipalities may not
subsidize their water services. France has little problems with
implementing the EU based principle of full cost recovery concerning
water supply and sanitation of households (Directive 2000 /60,
art.9). However limited subsidies are still provided by departments
and regions.
Right to an affordable price
The most significant provision pertaining to the human right to drinking water was introduced through Article 1 of the Law Nº2006-1772 of the 30 December 2006 on water and aquatic environments, whereby:
“...Each natural or legal person has the right to obtain drinking water for nutrition or hygiene in conditions that are affordable to all”
(Environmental Code, Art. L210-1).
This text on affordability of water has so far only been very partially implemented. The Government undertook in the National Assembly in 2010 to submit a Bill in September 2011 that aims to protect the poorest members of the population from having to spend an excessively high proportion of their income on water and sanitation services. Unfortunately it failed to even produce a first draft of a law.
No legal text clarifies what is the meaning of an affordable price. However all political forces and the National Water Council recognize that households should not spend over 3% of their income on drinking water and sanitation. In Paris, the municipality endorsed this objective and decided to grant preventive financial assistance for water to over 40 000 poor households in 2010 (75 €/household on average). In Paris suburbs, the water utility (SEDIF) operates a system of water aid officially based on the upper limit of 3%.
The right to a lower water price for poor users (social tariff)
For many years it was held that it was illegal to provide water at a lower price to poor users because water prices should be equal for all (égalité des conditions d’accès à un service public). Such price discrimination was not considered illegal for music lessons provided by public music conservatories, meals at school or electricity. The new French government proposed in 2012 to use for water the approach used in laws for gas or electricity. The change in legal approach was submitted to the Conseil constitutionnel, which did not find that a social tariff for water was contrary to the Constitution. It is now permissible to take account of the household size and income when setting water tariffs. Dunkerque has now a water tariff, which varies with income and household size. In Viry-Chatillon, industry pays water at a higher price than households. The tariff differentiation, which France finally endorsed, is already used in countries such as Belgium, Spain, Portugal, Italy, etc.
Right to a first block of water at a very low price
For many years it was held that the water unit price should be the same for all households. Reducing the unit price for the first block of consumption or increasing the unit price for large levels of consumption was held to be in contradiction with the concept of equal price for all. In France, most tariffs in force follow this pattern (two-part tariff). However since 2010, progressive tariffs (increasing unit price with consumption) became legal and since 2013, it is even permissible to set the price of the first block of water consumption at a highly subsidized level. The new law even contemplates the possibility for municipalities to set the price at zero, a solution that was forbidden before 2013. Thus it is quite conceivable that water could be sold at a price to large users and is free for small users. This was the case in the XIXth century with free public fountains in villages and water supply of houses of wealthy families.
While there is a possibility to set up a low price for the first block, there is no obligation for municipalities to choose this approach (tariff setting is an exclusive competence of municipalities). In a number of municipalities, all users enjoy access to a first block of water at a symbolic price.
Right to pay water at a unit price, which is close to the average price paid by most households
Price discrimination between users may be said to occur when small and large households pay very different mean unit price for the water they consume. This is the usual outcome of water tariffs based on a standing charge and a variable component (two-part system). In 2006, a first cap on the standing charge has been introduced (with the exception of communes classed as tourist areas. where a single person can be required to pay very high standing charges). This cap was strengthened in 2012 .The main beneficiaries of this cap are people living alone (up to 50 % of households). Setting the cap leads to an increase in price paid by large users.
Right to a price discount in case of an accidental water leak
When a water leak occurs and is unnoticed, the water bill can be very high. A law was adopted in 2011 (N°2011-525) to create the obligation of the water utility to inform the user of any abnormal water consumption detected by a utility. In addition, the user is entitled by law to limit his water bill to double the normal bill if he corrects the leak promptly after being informed. The justification for this price reduction is that water, which is lost, is not being sent into the sewage for treatment.
Right to receive assistance for paying water expenditure in the event of financial difficulties
For several years now, there is the recognition of a right to social assistance to people receiving water from the network who have either accumulated water arrears or are at risk of so doing:
“...any person or family experiencing particular difficulties, especially with regard to their assets, lack of resources or living conditions, is entitled to assistance from public authorities to ensure the continuing supply of water, energy and telephone services to their home”
(Family and Social Action Code, L115-3).
This law created an individual right; it should not be restrictively interpreted as being limited to those people owing arrears to their water supplier (an individual contract) or to a landlord / housing association (collective contract). It creates a right to assistance even before debts are created by lack of payment.
The financing of the solidarity mechanism managed at departmental level was improved in 2011 (Law Nº2011-156). It now incorporates voluntary contributions from water suppliers, sanitation companies, communes (local authorities) in addition to subsidies from the general councils of the departments.
The mechanism for payments of water debts is well established while the mechanism for financial support is still in the process of development.
The solidarity mechanism in case of water debts has been set up at department level (FSL: Fonds de solidarité pour le logement) in over ¾ of departments, and is completed by voluntary social assistance measures provided at municipal level (CCAS: Centres communaux d'action sociale) when they exist. These bodies have provided support for water to over 60 000 households in 2008 for a total cost of € 12 million.
A solidarity mechanism prior to water debts was created during recent years in Paris, in Paris suburbs (SEDIF) and in over 30 municipalities. It distributes water tickets or water aid to poor households. In 2013, a law was passed to allow the financing of such mechanisms by water utilities up to a level of 2% of their turn-over (instead of 0.5% in 2011).
Right of water supply even in case of unpaid water bills
Users
can cut off the water supply in the event of late payment of their
water bills. To prevent this situation arising, a special procedure
has been put in place with the aid of social services. In the event
of non-payment, a reminder notice is sent and it is usually possible
to agree payment terms with the supplier (“Should a consumer have failed to pay his bill, … the water supplier informs the consumer in writing of the terms and conditions, defined by decree, under which the supply may be reduced or suspended in the event of continuing non-payment
” (CASF, L115-3).
A
customer with water arrears is invited to contact social services
(FSL or CCAS) to obtain financial assistance. Whilst awaiting the FSL
ruling, interruption of supply (disconnection) is suspended (“In the event of non-payment of bills, the supply of energy, water, as well as a limited telephone service, is to be maintained until the ruling on the request for assistance has been issued
”). If FSL does
not grant the customer assistance, then it is sometimes possible to
obtain aid through CCAS.
If
FSL has granted aid to the customer for the payment of rent, service
charges, energy or water, it is not possible to cut off the water
supply in the event of non-payment (“In the case of a main residence, water suppliers are not permitted to disconnect the water supply for non-payment of bills of those persons or families mentioned in the first paragraph and who are receiving, or have received within the last twelve months, a ruling in their favour granting them assistance from the housing solidarity fund.
”).
In practice, there are very few disconnections of consumers in precarious situations (0.1%) that last for more than 24 hours (around 2 000 disconnections per year).
In 2013, a new law was passed which bans disconnections of water supply of accommodations of households irrespective of their revenue. No family will be left without water to drink or to wash or without toilets because of financial difficulties. This progress towards a true human right to water is highly symbolic and will affect families in desperate situation. Before it was introduced there were relatively few poor families, which were exposed to the risk water cut off. Their number was not negligible, probably a few hundred thousands.
The ban on disconnections was initially proposed by the CEDE in 1999
when it proposed the principle:
“No person may be deprived of the amount of water needed to meet his basic needs »
(Madeira Declaration)
Banning disconnection may be socially acceptable but may lead to abuses. The example of its implementation in the UK shows that there is a real problem that cannot be left ignored.
The rights to water for vulnerable people
Some population groups are not living like most French households in accommodations connected to water supply and sanitation networks but they also have the right to water and sanitation. The following groups need to be considered because of their unfavorable housing conditions:
- People in prisons, - homeless people, - travelling communities, - local communities in overseas territories.
The right to water and sanitation in French prisons
Many
French prisons are overcrowded and below standards. Toilets in cells
lack intimacy and showers are rare. As stated by the former
President of the Republic, the state of French prisons is “une honte pour la République
” (2009). Improvements are being made in
old prisons so as to protect human dignity and hygiene. When the code
of penal procedure was revised, special provisions were introduced to
emphasize the right to dignity (D 189, D 349, D 358).
The right to water and sanitation for homeless people
With access to water and to toilets being considered as a human right, it would be advisable to introduce particular measures to improve access for marginalized groups, the vulnerable, the homeless and those of no fixed abode, etc. In the 19th century, there was a tradition of making public drinking fountains available to all. The fact that use of these fountains has considerably decreased does not mean they are no longer required.
Paris municipality is increasing the number of public fountains and created over 400 public toilets, which are free. The Comité National de l’Eau proposed a bill to improve access to public water points in townsIn June 2011, the French National Water Committee adopted a resolution concerning access to water for vulnerable people. The main part of the resolution is: "CONSTATE que l'accès à l'eau et à l'assainissement n'est pas garanti pour les personnes sans domicile identifié, les gens du voyage et sans-abri, SOUHAITE que soit proposée une mesure législative prévoyant l'accès public, gratuit et non discriminatoire à l'eau potable, à travers la mise en place de points d'accès à l'eau potable répartis de façon équilibrée sur le territoire aggloméré de la commune, PROPOSE que cette mesure s'applique à toutes les communes de plus de 1 000 habitants, en tenant compte des points d'eau existants et des moyens des collectivités, (...)". Similar proposals have also been made by the Conseil d'État (Box).
Box 1 THE STATE COUNCIL PROMOTES WATER SUPPLY OF HOMELESS PEOPLE The Conseil d’Etat issued a detailed report on “L’eau et son droit” (2010) in which it took a stand on the issue of the right to water for homeless people.
“For
the 100 000 homeless people living in France, access to water is
not provided under satisfactory conditions leading to the occasional
use of fire hydrants or water points located in cemeteries for either
consumption or washing. The removal of public fountains, which
provided permanent access to free water, and the closure of a large
number of public baths and showers as a result of bathrooms being
increasingly installed in dwellings have also rendered access more
difficult. The Conseil d'État therefore recommends requiring communes to reopen shared water points, accessible to the homeless, so that they can satisfy their consumption and hygiene needs in acceptable economic conditions. It is not a case of reinstalling free-flowing fountains in public places, but of devising a new standpipe-type service that can be managed by an association working on reintegration or on reducing social exclusion or by a public bath. In the same way as certain countries require a minimum volume of water to be supplied in the event of disconnection, it would be advisable to set a minimum threshold and require the commune to either supply this directly or ensure it is supplied through a delegation contract.” |
Right to water and toilets for the travelling community
In France, the law makes provision for the travelling communityThe travelling community (“gens du voyage”) is mostly made up of French citizens and bears no relation to the East European immigrant population who live illegally in insalubrious conditions and are subject to police harassment.to be provided with drinking water and toilets in the designated stopping places placed at their disposal. No other community is granted a similar right. Eleven years after the Besson lawLaw N°2000-614 of 5 July 2000 pertaining to the reception and accommodation of travellers. Decree N°2001-569. was passed, only half of the proposed stopping places are up to standard and travellers are thus forced to park illegally or in unacceptable conditions. The Prefects who could intervene and, in certain cases, to take action for inefficient mayors, fail to do so. The insufficient level of implementation (50%) has been pinpointed by the Cour des ComptesL’accueil et l’accompagnement des gens du voyages, Cour des Comptes, oct. 2012.. Progress towards implementation of the law is slow but real. Paris will finally offer a stopping place. In Ile-de-France, only 35% of planned places were created.
Right to water and sanitation outside the metropolitan area
Overseas territories which are part of France (Guyana, Martinique, Guadeloupe, Reunion and Mayotte) do not always have a sufficient level of access to water and sanitation. For instance, many people in Guyana are not connected to a water supply network. In most cases the sewage system is far less developed than in the mainland. Special steps are taken to improve this situation but much remains to be done in favour of inhabitants of former colonies. However access to water look much better in these French overseas territories than in nearby States.
Conclusions
Whereas
there are several lawsSee art. 1 of Quillot Law (loi N° 82-526 du 22 juin 1982) according to which : « Le droit à l’habitat est un droit fondamental ». In the Code de l’action sociale et des familles, art. L 115-1 specifies that « the fight against poverty … aims to guarantee effective access of all to fundamental rights in the area of housing … ». France adopted loi n° 90-449 du 31 mai 1990 « visant à la mise en oeuvre du droit au logement ».
referring to the “right to housing
”, there is still no law that
refers the “right to water
“ and provides a legal interpretation
of all the political declarations made on the so-called “right to drinking water and sanitation
". It would therefore be advisable to
prepare a general law on this subject that would establishes or
guarantees the right to drinking water and sanitation as a human
right or a fundamental right.
In 2011, the French National Consultative Committee on Human Rights examined the issue of a human right to waterSee opinion of 23d June 2011 on the site of CNCDH. According to CNCDH, there are two million people who do not benefit from the right to water in France.. It supported the view of the Conseil d’Etat to ask each State to formalize the right to water in the most appropriate legal text so as to give full effectivity to this right. In 2012, the Chairwoman of this body wrote to the Prime Minister to suggest that the Government take steps in this direction. The law of 15th April 2013authorizing the social tariff for water was a long awaited step but still needs to be completed.
Although France has already undertaken several legislative and regulatory measures to implement the human right to drinking water and sanitation, further measures are still required to ensure this right is made effective and implemented in such a way as to include those who are still precluded. Legislative action is taking place but in the end it is up to municipalities and citizens to implement the right to water. In particular, municipalities may define what is the amount of drinking water for essential uses and what is the level on unaffordability.
The degree of implementation of the human right to water in France can be compared to what is being done in other developed countries. The overall conclusion is very positive especially in terms of of laws but further progress is needed. In the area of sanitation improvements are required. Concerning water quality, the levels of biological contamination, nitrate and pesticides are too high in a number of small municipalities. The amount of preventive aid could be enlarged because the price of water is too high for poor families. When the recent Brottes law will be implemented at municipal level, the social problems of water will be much alleviated. The risk of inaction in the current economic situation is high because water and sanitation expenses are only a small part of total housing expenses.
Box 2 THE IMPLEMENTATION OF THE RIGHT TO DRINKING WATER AND SANITATION AT THE CITY LEVEL French municipalities draft and implement their own plans to ensure access to water and sanitation to all. A description by Paris officials of the various actions taken by the City of Paris (2.2 million inhabitants) is given below. It should be pointed out that the proportion of poor people in Paris is higher than the national average but also that the average household income is also higher. The City of Paris provides 1200 drinking water fountains. During winter, almost 40 fountains (half of them in streets, half in parks) stay open. The City operates more than 400 public toilets, 17 bath and shower establishments. This municipal equipment is all free of charge. In addition municipalities implement overnight accommodations, and sanitary and hygiene services. In Paris for instance, there are 15 solidarity centres opened during the day which provide access to showers and toilets. The City plan includes developing public fountains, providing maps to locate them, financing the purchase of less water consumptive equipment’s for private facilities in order to save water and in particular hot water. Other means of water distributions shall be developed to reach homeless people. During summer time, when the risk of dehydration is very high for homeless people, Eau de Paris is providing bottles of water. The City has the authority to maintain water supply to illegal tenants (squats) against the wish of landlords. In Paris, water bills represent 5% of housing expenses because water is cheap and rents are high. The City is devoting part of municipal housing aid to water expenses of poor people 45 000 households received preventive water aid in 2012 (63 €/ year). The City of Paris agreed with Eau de Paris, its water local utility, to a performance contract. One of the objectives given to Eau de Paris is to guarantee access to water to everybody, including disadvantaged people, whether they have a permanent dwelling or not. The performance contract between Paris and its utility establishes that the expenses for solidarity shall amount to at least 0.40% of water sales. Eau de Paris has distributed 15 000 kits to reduce water consumption in social housing by 10%. Eau de Paris has a social adviser for people who cannot afford to pay their water bill; it subsidizes the housing solidarity fund (500 000 €/year for unpaid water bills). In 2012, 4661 households received on average 80 €/yr. for their unpaid water expenses. The SIAAP (sanitation utility) also provides subsidies to the Paris housing solidarity fund (90 000 € in 2011). The Fund is now authorized to provide water aid to individual users who have water debts. Water bills can be paid on a monthly basis. Paris undertook not to cut off water in case of water debts of households. In
addition to the usual Consultative Committee on Public Services, the
City created a Water Observatory (Observatoire
parisien de l’eau, OPE). This body is
composed of representatives of consumers and environmental NGOs,
local committees, landlords of social housing , industrialists, local
elected representatives, experts, and organizations involved in the
water governance. It provides information on water issues and
organizes public consultations in order to achieve more equitable and
transparent water management. Source: « Assessing progress in achieving equitable access to water and sanitation Pilot project in the Greater Paris urban area (France) », May 2013. See also Henri SMETS, La mise en oeuvre du droit à l’eau. Les solutions à Paris, Ed. Johanet, 2011. |
