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Table of Contents
Acknowledgments
Publications, presentations and trainings attended in relation to the thesis
List of Tables
List of Figures
List of boxes
Acronyms and abbreviations
Summary
Chapter 1 The Human Right to Sanitation and Inclusive Development under an Uncertain Future
1.1 Introduction
1.2 The Rising Cost of Poor Sanitation Services
1.3 Gaps in Scientific Knowledge about the Human Right to Sanitation
1.3.1 Limited scholarly literature on the human right to sanitation, compared to water
1.3.2 Contested Meaning
1.3.3 Inchoate Consideration of the Drivers of Poor Sanitation
1.3.4 Paucity of Measurable Indicators for the HRS
1.3.5 Incoherence between Legal and Non-Legal Research on the Human Right to Sanitation
1.4 Research Questions
1.5 Focus and Limits
1.6 Thesis Structure
Chapter 2 Research Methodology and Theoretical Framework
2.1 Introduction
2.2 Ontology and Epistemology
2.3 Data Collection and Analysis
2.3.1 Systematic Literature Review
2.3.2 Case Study
2.3.3 Content Analysis
2.3.4 Legal Reasoning and Argumentation
2.4 Multi-Level Institutional Analysis, Legal Pluralism and Inclusive Development
2.4.1 Multi-Level Governance of the Human Right to Sanitation
2.4.2 Legal Pluralism in Human Right to Sanitation Governance
2.4.3 Inclusive Development as the Overarching Norm for Evaluating the Human Right to Sanitation
2.5 Conceptual Framework and Integrated Analysis
2.5.1 Conceptual Framework
2.5.2 Integrated Analysis
2.6 Ethical Considerations
Chapter 3 Contextualizing the Sanitation Problem
3.1 Introduction
3.2 Defining Sanitation Services
3.3 Classifying Domestic Sanitation Services as Economic Goods
3.4 Drivers of Poor Sanitation Services
3.4.1 Direct
3.4.2 Indirect
3.5 Technologies for Domestic Sanitation Services
3.5.1 Toilets
3.5.2 On-Site Systems
3.5.3 Sewer Systems
3.5.4 Sludge Treatment
3.5.5 Sanitation Ladders and Service Levels
3.6 Technologies for Domestic Sanitation Services, Drivers and Inclusive Development
3.6.1 Sanitation Technologies and the Drivers of Poor Sanitation Services
3.6.2 Sanitation Technologies and Inclusive Development
3.7 Inferences
Chapter 4 Human Rights Principles
4.1 Introduction
4.2 Sources and Meaning of Human Rights
4.2.1 Sources
4.2.2 Meaning of Human Rights
4.3 Human Rights Principles
4.4 Indicators for Measuring and Evaluating Human Rights Principles
4.5 Inferences
Chapter 5 Human Right to Sanitation Principles
5.1 Introduction
5.2 Emergence, Legal Basis, and Meaning of the Human Right to Sanitation
5.2.1 Emergence
5.2.2 Legal Basis
5.2.3 Meaning
5.3 Principles of the Human Right to Sanitation
5.4 Human Right to Sanitation Instruments and Indicators
5.4.1 Regulatory
5.4.2 Economic
5.4.3 Suasive
5.5 Human Right to Sanitation Indicators
5.6 Human Right to Sanitation, Drivers & Inclusive Development
5.6.1 Human Right to Sanitation and the Drivers of Poor Sanitation Services
5.6.2 Human Right to Sanitation and Inclusive Development
5.6.3 Human Right to Sanitation and Legal Pluralism
5.7 Inferences
Chapter 6 Human Right to Sanitation in Humanitarian Situations
6.1 Introduction
6.2 Legal Bases and Meaning of the Human Right to Sanitation in International Humanitarian Law
6.2.1 Treaties
6.2.2 Customary International Humanitarian Law
6.2.3 Soft Law
6.2.4 Defining the Human Right to Sanitation under a Humanitarian Law Framework
6.3 Principles of Humanitarian Assistance and Protection of People in Humanitarian Situations
6.3.1 Principles of Humanitarian Assistance
6.3.2 Protection Principles
6.4 Humanitarian Instruments for Sanitation
6.4.1 Economic
6.4.2 Suasive
6.5 Monitoring Progress on the Human Right to Sanitation in Humanitarian Situations
6.6 Humanitarian Framework, Drivers, Inclusive Development and Legal Pluralism
6.6.1 Humanitarian Framework and the Drivers of Poor Sanitation Services
6.6.2 Humanitarian Framework and Inclusive Development
6.6.3 Humanitarian Framework and Legal Pluralism
6.7 Inferences
Chapter 7 Non-human Rights Principles for Sanitation Governance
7.1 Introduction
7.2 Non-Human Rights Principles for Sanitation Governance
7.2.1 Social
7.2.2 Environmental
7.3 Non-Human Rights Instruments for Sanitation Governance
7.3.1 Regulatory
7.3.1 Economic
7.3.3 Management
7.3.4 Suasive
7.4 Non-Human Rights Frameworks, Drivers, Inclusive Development and Legal Pluralism
7.4.1 Non-human Rights Frameworks and Drivers
7.4.2 Non-human Rights Frameworks and Inclusive Development
7.4.3 Non-human Rights Frameworks and Legal Pluralism
7.5 Inferences
Chapter 8 Architecture of Sanitation Governance in Nigeria
8.1 Introduction
8.2 Background to the Case Study and the Status of the Human Right to Sanitation
8.2.1 Geographic, Socio-economic and Political Context
8.2.1 Development Challenges
8.2.3 Status of the Human Right to Sanitation
8.2.4 Key Stakeholders and Organisational Roles
8.3 Drivers of Poor Sanitation Services
8.4 Legal Basis for the Human Right to Sanitation in Nigeria
8.4.1 Treaties
8.4.2 National Laws and Judicial Decisions
8.5 Sanitation Governance Instruments
8.5.1 Human Rights Instruments
8.5.2 Non-human Rights Instruments
8.6 Sanitation Governance Principles, Drivers, Inclusive Development and Legal Pluralism
8.6.1 Sanitation Governance Principles, Instruments and Drivers
8.6.2 Sanitation Governance Framework and Inclusive Development
8.6.3 Legal Pluralism in the Nigerian Sanitation Governance Architecture
8.7 Implications and Recommendations for the Inclusive Realisation of the Human Right to Sanitation
Chapter 9 Human Right to Sanitation and the Inclusive Development Imperative
9.1 Revisiting the Research Questions
9.2 Addressing the Drivers of Poor Sanitation Services
9.3 Going Beyond the Current State of the Law
9.3.1 Emergence of Sanitation as Distinct Human Right
9.3.2 Deconstructing the Meaning of the Human Right to Sanitation
9.3.3 Establishing the Economic Characteristics of Sanitation Goods and Services
9.3.4 Indicators for Measuring and Evaluating the Performance of the Human Right to Sanitation
9.4 Contradictions and Incoherence From Plurality in Sanitation Governance
9.4.1 Contradictions
9.4.2 Incoherence
9.5 Recommendations for Interpreting and Implementing the Human Right to Sanitation
9.6 Reflections On Methods
9.7 Recommendations For Further Research
References
Table of cases
Table of constitutions and laws
Table of subsidiary legislations
Table of treaties
Annex A. Resolution adopted by the UN General Assembly on 28 July 2010
Annex B. Resolution adopted by the UN Human Rights Council on 6 October 2010
Annex C. Resolution adopted by the UN General Assembly on 17 December 2015
Annex D. Thesis log frame
Annex E. Keywords searched in scientific databases
Annex F. Criteria for coding sanitation governance principles
Annex G. List of interviewees
Annex H. Background information for the respondent households
Annex I. States with human right to sanitation and/or water legislations, grouped according to their continents
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List of tables
Table 1.1 Differences between sanitation and water
Table 2.1 Steps and some data sources for legal reasoning and argumentation
Table 3.1 Classifying sanitation as an economic good
Table 3.2 Direct and indirect drivers of poor personal and domestic sanitation services
Table 4.1 Examples of international human rights treaties, treaty bodies and enforcement mechanisms
Table 4.2 Evolution of human rights principles across civilizations42
Table 4.3 Perspectives on the meaning of human rights
Table 4.4 Overview of human rights principles and their legal status
Table 5.1 International environmental, water and (sustainable) development instruments and political declarations relevant to the human rights to water and sanitation principles
Table 5.2 Evolution of a distinct international human right to sanitation through interrelated rights
Table 5.3 Judicial decisions on the human right to sanitation
Table 5.4 Structural indicators for monitoring the human right to sanitation
Table 5.5 Process indicators for monitoring the human right to sanitation
Table 5.6 Outcome indicators for monitoring the human right to sanitation
Table 5.7 Human right to sanitation principles for addressing the drivers of poor domestic sanitation services*
Table 5.8 Typology of relationships between the human right to sanitation and other human rights
Table 6.1 Legal status of the principle of humanitarian assistance
Table 6.2 Outcome indicators for the availability of hygiene promotion and safety of toilets and soak away facilities
Table 6.3 Outcome indicators for measuring accessibility, availability and sustainability of sanitation facilities in the short and long terms
Table 6.4 Humanitarian principles for addressing the direct and indirect drivers...
