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The complainants challenged the city’s policy on various grounds. They argued that the amount of waterprovided free of charge was set too low and that it failed to consider household size. They also asserted thatthe policy did not consider the special needs of people who might require more water.In the initial ruling, the lower court explicitly recognized the gender dimensions of access to water, findingthat, since women and girls were disproportionately burdened with water-related chores, the policy indirectlydiscriminated based on sex. 274 Ultimately, however, the Constitutional Court found the city’s policy to bereasonable and in line with its obligation to progressively realize the right to water—a position that waswidely criticized by human rights activists. 275 Despite this setback, the case has spurred policy change. TheJohannesburg municipality subsequently agreed to provide larger amounts of free water to extremely poorhouseholds and to address some of the shortcomings attributed to the use of prepaid water meters. 276Subsidising water useSubsidies are a suitable affordability mechanismwhere a large share of the population is connectedto a network. Chile, for example, has beenoperating a tax-financed water subsidy for lowincomehouseholds since 1989. The subsidy coversbetween 25 per cent and 85 per cent of the costof the first 20 cubic meters of water per month. InColombia, a solidarity-based tariff scheme hasbeen put in place whereby low-income householdsreceive a graduated subsidy financed out of thehigher tariffs paid by wealthier households. 277But where network access is limited, subsidies canexclude those who struggle the most in accessingaffordable water. Subsidizing and regulating thewater sources that are actually used by the poor—including standpipes and water kiosks—may be abetter strategy in these contexts. 278 Kenya’s overhaulof the water and sanitation sectors in the early2000s, for example, was driven by a pro-poorapproach and explicitly sought to enhance the rightto safe drinking water. 279 Water kiosks are requiredto sell safe water at controlled affordable pricesand offer alternative payment options for thosewho cannot afford a monthly bill. The new tariffguidelines also establish a maximum of 5 per cent ofhousehold expenditure on water and sanitation.Towards gender-responsive water andsanitation policiesEfforts to improve the availability and affordabilityof water and sanitation services must also takewomen’s specific water and sanitation needs intoaccount and actively work towards strengtheningthe ability of women and girls to voice theirconcerns. This goes beyond providing a tap and atoilet in every home.Women’s participation at different levels is crucialfor the development of gender-responsiveand effective water and sanitation initiatives.Experiences from Ethiopia, India, Kenya, Nepal,Pakistan, South Africa and the United Republic ofTanzania suggest that placing women at the centreof water decisions leads to improved access, morecost-effective delivery and less corruption in waterfinancing. 280 Women have also been essential to thesuccess of community-led total sanitation (CLTS), asubsidy-free approach that encourages people tobuild their own toilets/latrines with local resources tostop open defecation. CLTS encourages women totake leadership roles, but it can also add to women’sexisting labour as it builds on traditional notions ofwomen as the keepers of cleanliness and order inthe family. 281If they are to advance substantive equality, waterand sanitation programmes must consciouslyaddress stigma, stereotypes and violence related tothe sanitary needs of women and girls. Awarenessraisingand advocacy campaigns are one wayto break taboos and to make such needsvisible. Menstrual hygiene, for example, was amajor theme in India’s Nirmal Bharat Yatra—anationwide sanitation campaign spearheaded by183