(d) especially where groups of people are involved, government officials or
their representatives to be present during an eviction;
(e) all persons carrying out the eviction to be properly identified;
(f) evictions not to take place in particularly bad weather or at night unless
the affected persons consent otherwise;
(g) provision of legal remedies; and
(h) provision, where possible, of legal aid to persons who are in need of it to
seek redress from the courts.256
In addition, State parties should ensure that evictions do not result in homelessness or
increased vulnerability to the violation of other human rights: “Where those affected are
unable to provide for themselves, the State party must take all appropriate measures, to the
maximum of its available resources, to ensure that adequate alternative housing, resettlement
or access to productive land, as the case may be, is available.”257
Right to Water
The CESCR enumerates specific legal obligations State parties are bound to respect in terms
of the right to water, including obligations:
• To ensure access to the minimum essential amount of water that is sufficient and
safe for personal and domestic uses to prevent disease;
• To ensure the right of access to water and water facilities and services on a nondiscriminatory basis, especially for disadvantaged or marginalized groups;
• To ensure physical access to water facilities or services that provide sufficient, safe
and regular water; that have a sufficient number of water outlets to avoid prohibitive
waiting times; and that are at a reasonable distance from the household;
• To ensure personal security is not threatened when having to physically access to
water;
• To ensure equitable distribution of all available water facilities and services;
• To adopt and implement a national water strategy and plan of action addressing the
whole population; the strategy and plan of action should be devised, and periodically
reviewed, on the basis of a participatory and transparent process; it should include
methods, such as right to water indicators and benchmarks, by which progress can
be closely monitored; the process by which the strategy and plan of action are
devised, as well as their content, shall give particular attention to all disadvantaged or
marginalized groups;
• To monitor the extent of the realization, or the non-realization, of the right to water;
• To adopt relatively low-cost targeted water programmes to protect vulnerable and
marginalized groups; and
• To take measures to prevent, treat and control diseases linked to water, in particular
ensuring access to adequate sanitation.258
In terms of the progressive realization of the right to water, State parties are obliged to take
steps:
• to respect the right to water by refraining from interfering with its enjoyment,
including by “refraining from engaging in any practice or activity that denies or limits
equal access to adequate water; arbitrarily interfering with customary or traditional
arrangements for water allocation; unlawfully diminishing or polluting water, for
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