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Common violations of the human rights to water and sanitation 2014, para. 23
- Paragraph text
- Violations also result from decisions to deprive stigmatized groups, such as homeless people, undocumented migrants, occupiers of informal settlements or prisoners, of water and sanitation as a form of punishment for unlawful or undesired activity. The Special Rapporteur on torture has documented that detainees have been forced to rely on water to drink delivered by their families, or on water from toilets. The Special Rapporteur on water and sanitation has also voiced concerns that limiting access to water and sanitation may be used as a, sometimes excessive, form of punishment for prisoners. In cases of secret detention, Special Rapporteurs and the Council of Europe have expressed concern about detainees being forced to wear diapers, which is "offensive to the notions of dignity".
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Families
- Persons on the move
- Year
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 65
- Paragraph text
- Many cultures have certain prescriptions for women's and girls' behaviour during menstruation which may amount to harmful traditional and cultural practices, violating not only the right to sanitation but, more broadly, women's and girls' human rights and gender equality. In Nepal, the Supreme Court issued an order to eliminate the practice of chaupadi, which forces menstruating women and girls to sleep in isolation from the rest of the family, in a hut or shed, with risks to their health and security. The Court declared that the practice was discriminatory and violated women's rights. It ordered the Government to conduct a study on the impact of the practice, to create awareness and to take measures to eliminate the tradition.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2014
Paragraph
Integrating non-discrimination and equality into the post-2015 development agenda for water, sanitation and hygiene 2012, para. 33
- Paragraph text
- The United Nations System Task Team on the Post-2015 Development Agenda has noted that, in developing countries, access to water and sanitation, among others, are much worse for low-income and rural families. Despite progress in poverty reduction in the overall picture, the report argues, major inequalities persist.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Water & Sanitation
- Person(s) affected
- Families
- Year
- 2012
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 24
- Paragraph text
- To some extent, the debate has focused on highly visible transnational corporations against the background of globalization and gaps in accountability. Yet, it seems just as relevant in the context of medium-sized national companies and small-scale service providers that often operate unregulated. Their activities can have a significant impact on the realization or non-realization of human rights. And while their activities may not have the same repercussions at the global level and they do not get as much attention, they serve more people than the formal private sector. Furthermore, their impact is of a more direct nature as they are not anonymous companies, but often neighbours, friends or family members.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2010
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 52
- Paragraph text
- The Indian Supreme Court ordered schools to provide adequate toilet facilities in schools. Relying on empirical research showing that "parents do not send their children (particularly girls) to schools" wherever sanitation facilities are not provided, the Court found that a lack of toilets violated the right to education. Failure to provide water and sanitation to those deprived of liberty has been addressed by courts and international bodies primarily as constituting cruel, inhuman and degrading treatment. The High Court of Fiji held that prisoners' right to freedom from inhuman and degrading treatment was violated by lack of access to adequate sanitation facilities. The Human Rights Committee has found human rights violations, as have regional human rights bodies, in a number of cases in which prisoners have been denied access to sanitation.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- Children
- Families
- Girls
- Year
- 2014
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 16
- Paragraph text
- Worldwide, women perform unpaid jobs - mostly domestic and caregiving responsibilities - three times more than men do. Therefore, as caregivers, women are also more affected when family members get ill as a result of inadequate water, sanitation and hygiene. Women's disproportionate share of unpaid work makes them financially dependent on others and leaves them less time for education and paid work. This again reinforces gender-assigned roles and women's financial dependence on men, including in terms of their ability to pay for water, sanitation and hygiene services. In addition, States do not value or reflect unpaid domestic and care work in economic indicators. Any governmental or civil society approach that seeks to address gender inequalities needs to question existing social norms and develop measures to encourage men to share responsibilities with women.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Water & Sanitation
- Person(s) affected
- Families
- Men
- Women
- Year
- 2016
Paragraph
Service regulation and human rights to water and sanitation 2017, para. 86
- Paragraph text
- Accountability must be ensured not only in relation to service providers but also in relation to regulatory bodies’ decisions and activities. The International Water Association’s Lisbon Charter emphasizes that regulatory frameworks should establish the necessary mechanisms to ensure accountability and public scrutiny of regulatory bodies. Individuals should have the right to judicially challenge a regulatory body’s decision or regulation that interferes with the enjoyment of their human rights to water and sanitation. The Colombian water and sanitation regulatory commission issued a number of regulations obliging service providers to disconnect water services when there is no payment during a three-month period. However, cases brought before the Constitutional Court by low-income families were ruled in the families’ favour, as they were being deprived of a “minimum essential level of water” due to their inability to pay.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- Families
- Year
- 2017
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 58
- Paragraph text
- States cannot meet their human rights obligations without addressing stigma. They not only have obligations not to act as stigmatizers, but are also obliged to protect individuals from actions or omissions of third parties. States must protect individuals from human rights abuses committed by private actors, including the media, service providers, community members and family members. To determine what States are required to do to combat stigma, one can build on the due diligence standard developed to define the obligations of States as regards the actions of private parties. It has been widely used in other areas of law, such as violence against women, providing a framework of assessment for ascertaining whether human rights obligations are met. It requires States to go beyond enacting legislation, to take positive action to meet their obligations effectively, and to make a legitimate and reasonable effort to prevent and combat stigma.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2012
Paragraph
Affordability of water and sanitation services 2015, para. 67
- Paragraph text
- To ensure affordability for all households, it is imperative that the blocks are set appropriately. If the first block is too small, or the tariff is too high, poor families will not be able to afford to buy sufficient quantities of water. However, if the first block is too large, or the tariff too low, then people who do not actually need the lowest rate will benefit, which may put the overall financial sustainability of the system at risk.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- Families
- Year
- 2015
Paragraph
Affordability of water and sanitation services 2015, para. 54e
- Paragraph text
- [Where States adopt targeted measures, this also poses challenges. In practice, unfortunately, such measures often fail to reach the target population for a variety of reasons, including:] Often, due to an increasing block tariff structure, consumption subsidies do not benefit large families or multiple households sharing one water connection;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Families
- N.A.
- Year
- 2015
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 38
- Paragraph text
- Stigmatization is not limited to the public sphere. For instance, many people living with HIV/AIDS face stigmatization within their families. Similarly, women with obstetric fistula are often stigmatized, due to the leaking of urine and sometimes faeces, resulting in a constant wetness and foul odour. The stigma associated with fistula demonstrates how closely the external and internalized dimensions of stigma are intertwined. Women suffering from fistula are often deserted by their family and friends while also feeling ashamed and disgraced; they often "eat alone, sleep alone, and pray alone". Lack of access to water and sanitation worsens the situation and reinforces the stigma against such women, who need to wash and bathe more frequently.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Water & Sanitation
- Person(s) affected
- Families
- Women
- Year
- 2012
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 71
- Paragraph text
- Evaluating existing laws and assessing their potential discriminatory and stigmatizing impact in the water and sanitation domains is equally important. The stigmatization of homeless communities, for instance, is often reinforced through legislation that criminalizes certain proxy behaviours. Such laws do nothing to address the root causes of homelessness and must be replaced by policies that aim at guaranteeing adequate housing to marginalized individuals and families. A report by the United States Interagency Council on Homelessness, based on information gathered at a summit convened by the council and the United States Department of Justice, condemns the criminalization of homelessness and suggests alternatives that are grounded in community engagement and aimed at overcoming barriers to housing by directly working with the homeless. Building on the recognition that criminalization does not provide any real solutions, all levels of government must put into practice effective alternative approaches.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2012
Paragraph
Development cooperation and the human rights to water and sanitation 2017, para. 44
- Paragraph text
- The current UNICEF Strategic Plan (2014-2017) outlines a water, sanitation and hygiene indicator framework including targets for access in households and schools. It designates several outcomes and outputs that express an ample integration of issues of particular relevance to human rights. Some of those targets include enhanced support for children and families leading to sustained use of safe drinking water, adequate sanitation and good hygiene practices; increased national capacity to provide access to those services; strengthened political commitment, accountability and national capacity to legislate, plan and budget for the scaling up of interventions; and increased capacity of Governments of partner States to identify and respond to key issues for the human rights to water and sanitation. Most of the outcomes and outputs in the strategy rely on country-wide measurements, that is, “countries with an established target to provide access to drinking water to underserved populations”.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 55
- Paragraph text
- According to article 17 of the International Covenant on Civil and Political Rights, "no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation". It guarantees the respect for the individual existence and autonomy of the human being. The right to privacy includes the right to be different. Human rights law awards the same protection to the honour and reputation of, for example, homeless people, sex workers or prisoners as to that of any other member of society.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Families
- Year
- 2012
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 38
- Paragraph text
- Water cut-offs may excessively affect women as family caretakers, in particular in poor female-headed households. Human rights law prescribes that a person's inability to pay for reasons beyond their control must never result in the disconnection of services. In Colombia, the Constitutional Court has stated that female-headed households may in some cases be subjected to special protection should they not be able to pay their water bills, and must be guaranteed special tariffs and a minimum amount of free water.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- Families
- Women
- Year
- 2016
Paragraph
Affordability of water and sanitation services 2015, para. 38
- Paragraph text
- In many instances, however, public financing is unequally distributed. Middle-class households often benefit from subsidies, both direct subsidies and "hidden" subsidies. Direct subsidies include tax breaks or financial incentives for constructing a toilet, which, when poorly targeted tend to benefit middle-income families. Subsidies are "hidden" when public financing is used to construct infrastructure and services that are intended to be used by all, but in fact are only available to middle- and high-income households.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Person(s) affected
- Families
- Year
- 2015
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 19
- Paragraph text
- Violations through direct interference are often addressed by national courts interpreting domestic law in line with international human rights law. The Court of Appeal of Botswana, for example, relied on the right to water as set out in general comment No. 15 and the General Assembly resolution on the right to water and sanitation to interpret constitutional provisions. It found that preventing a community of Bushmen from accessing their traditional boreholes amounted to inhuman and degrading treatment. In the context of informal settlements in Argentina, a court found that a discontinuation of water supplied with tanker trucks violated the rights to "a healthy environment and dignified housing", ordering the resumption of water provision. The court also ordered the progressive improvement of the water distribution system, thereby demonstrating that violations of the obligation to respect are often linked to violations of obligations to fulfil. The Human Rights Committee found that Bulgaria had violated the right to home and family, as well as the rights to life and non-discrimination, by allowing the Municipality of Sofia to disconnect the water supply to a Roma community. The Committee requested Bulgaria to issue interim measures requiring the authorities to reconnect the water supply.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Families
- Year
- 2014
Paragraph
17 shown of 17 entities