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The MDGs and the human rights to water and sanitation 2010, para. 24
- Paragraph text
- In the first instance, human rights law requires that water and sanitation services be available. Water supply for each person must be sufficient for personal and domestic uses. In determining what is sufficient, human rights ultimately go beyond minimum targets such as 20 litres of water per person per day as referred to in the official guidance on the Millennium Development Goal indicators, which is considered insufficient to ensure health and hygiene. The Millennium Development Goal indicators do not explicitly refer to the availability of services, but use access to an improved water source as a proxy assuming that such sources are likely to provide a sufficient quantity of water. For sanitation, availability is implicitly addressed in the indicator framework since shared facilities are not considered improved. However, from a human rights perspective, facilities such as those shared with neighbours (i.e., only a small number of people), which are accessible, safe, hygienic and well kept, may be acceptable.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2010
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 26
- Paragraph text
- With regard to sanitation, the safety criterion is implicit in the Millennium Development Goal indicator insofar as avoiding contact with excreta is concerned, but the indicator does not refer to water necessary for personal hygiene. Moreover, the indicator is silent on the question of safe disposal of excreta, which in turn can affect water quality. Where the collection, treatment, disposal or re-use of excreta is not carried out with adequate care, leakage into groundwater, which is often a source of drinking water, may occur. Similarly, sewage from flush toilets that is not treated may end up in water used by downstream communities. In such cases, leakage of sewage from "improved" sanitation facilities then results in polluting water sources which are nevertheless considered "improved" sources under the Millennium Development Goal framework.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The MDGs and the human rights to water and sanitation 2010, para. 28
- Paragraph text
- Fourthly, water and sanitation services must be accessible to everyone in the household or its vicinity on a continuous basis. Physical security must not be threatened when accessing facilities. Again, the Millennium Development Goals indicator on water is used as a proxy, on the assumption that "improved" sources are likely to be within the dwelling or a convenient distance from it. Accessibility could be measured more explicitly by using the time a round trip, including waiting time, takes. This could also serve as an indirect measurement of the amount of water people collect, as the distance to the water source has an impact on the quantity that can be collected. In fact, this is an indicator available from the surveys used by the Joint Monitoring Programme and has been reported on sporadically by the Joint Monitoring Programme as an additional criterion. The independent expert considers that this should be done systematically, including examination of accessibility in schools, workplaces and other spheres of life.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 13
- Paragraph text
- To a large extent, the debate has focused on the relative advantages and disadvantages of formal public or private provision, too often losing sight of this de facto commercialized service provision. While such services differ greatly depending on the circumstances, it is not uncommon for people to have no choice but to rely on services (often low quality) which are exorbitantly priced. Due to the high number of intermediaries involved in providing the service, high transport costs and a lack of regulation, water bought from informal private vendors is frequently 10 to 20 times as expensive as water provided by a utility. When looking beyond networked water supply and sewerage, adding in informal small-scale providers, a completely different picture of the characteristics of the private sector emerges. Overall, there is a need for a more nuanced debate, which recognizes the various forms of private sector participation, the wide range of non-State actors involved, the role of State-owned companies, as well as differences between networked provision of water and sanitation vs. on-site solutions.
- Legal status
- Non-negotiated soft law
- 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
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 17
- Paragraph text
- The work of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises is especially relevant to the subject of this report as it is concerned with States' obligations and business responsibilities. In his 2008 report to the Human Rights Council, the Special Representative set out a three-part policy framework entitled "Protect, Respect and Remedy" (A/HRC/8/5). It consists of the States' obligation to protect against human rights abuses by third parties, the responsibility of companies to respect human rights, and the need for access to effective remedies and grievance mechanisms to address alleged human rights violations. The Human Rights Council welcomed the framework by consensus in its resolution 8/7. The Special Representative is now in the process of further operationalizing the framework. To some extent, the work of the independent expert builds on the framework and is aimed at contributing to its operationalization by applying it specifically to the provision of water and sanitation services.
- Legal status
- Non-negotiated soft law
- 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
- N.A.
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 63l
- Paragraph text
- [The human rights framework does not call for any particular form of service provision. It is well established that, from a human rights perspective, States can opt to involve non-State actors in sanitation and water services provision. But the State cannot exempt itself from its human rights obligations and hence remains the primary duty-bearer. Therefore, also when involving other actors in services provision, the role of the State is crucial. The obligations of States and the responsibilities of non-State actors are complementary. The latter can and should support the State in the realization of human rights. In line with these conclusions, the independent expert offers the following recommendations:] States must put into place supplementary social policies to ensure inclusiveness, such as safety nets and subsidies. These measures must be well targeted to actually reach those who need it most;
- Legal status
- Non-negotiated soft law
- 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
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 63m
- Paragraph text
- [The human rights framework does not call for any particular form of service provision. It is well established that, from a human rights perspective, States can opt to involve non-State actors in sanitation and water services provision. But the State cannot exempt itself from its human rights obligations and hence remains the primary duty-bearer. Therefore, also when involving other actors in services provision, the role of the State is crucial. The obligations of States and the responsibilities of non-State actors are complementary. The latter can and should support the State in the realization of human rights. In line with these conclusions, the independent expert offers the following recommendations:] To ensure accountability, States and other actors involved should clearly designate roles and responsibilities;
- Legal status
- Non-negotiated soft law
- 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
- N.A.
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 57
- Paragraph text
- To ensure accountability, roles and responsibilities have to be clearly designated and made transparent. Also, the coordination between different entities involved - public and private - has to be ensured. Water and sanitation users must be able to identify who is responsible in order to hold the relevant actor to account. Corruption presents an additional challenge to building responsive and accountable institutions. Fighting it requires, above all, strong political will. Transparency, in particular, will help to reduce the risk of corruption, for instance, by ensuring that bidding is competitive and contracts are made public. Where a State-owned company is formed to deliver water and sanitation services, the legislative process for the establishment of the company should be the product of a participatory and transparent process. In all cases, clearly defined performance targets and disclosure of information help to reduce the risk of corruption.
- Legal status
- Non-negotiated soft law
- 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
- All
- Year
- 2010
Paragraph
Human Rights Obligations Related to Non-State Service Provision in Water and Sanitation 2010, para. 44
- Paragraph text
- States are encouraged to build human rights impact assessments into the process of deciding on the means of service provision and monitoring such provision, as well as to adopt legislation that imposes on service providers the obligation to carry out a human rights impact assessment. Service providers have a responsibility to undertake these assessments as part of exercising due diligence to become aware of the actual and potential impact of their action on the human rights to water and sanitation. On that basis, the State and service providers can work together to integrate human rights into water and sanitation policies, thereby ensuring compliance with human rights law, preventing human rights violations and maximizing positive effects.
- Legal status
- Non-negotiated soft law
- 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
- N.A.
- Year
- 2010
Paragraph
Financing for the Realization of the Rights to Water and Sanitation 2011, para. 30
- Paragraph text
- Where household contributions and government spending are insufficient to realize the rights to water and sanitation, international aid frequently contributes to financing. In order to employ the maximum available resources in compliance with the principle of progressive realization, countries have an obligation to turn to international support when necessary. In turn, countries in a position to assist have an obligation to provide support in a manner consistent with human rights principles. This obligation of international cooperation applies to States parties to relevant human rights treaties in general and does not pertain to any particular State (E/CN.4/2006/WG.23/2, para. 50).
- Legal status
- Non-negotiated soft law
- 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
- N.A.
- Year
- 2011
Paragraph
Financing for the Realization of the Rights to Water and Sanitation 2011, para. 33
- Paragraph text
- This process begins with strong sectoral planning, including the articulation of both a uniform, sector-wide policy and specific targets. Evidence shows that without a clear national policy framework, effective and efficient service delivery is particularly difficult to achieve. Moreover, when international donors consider which sectors to prioritize they regularly cite the existence of strong sectoral plans as a crucial factor influencing their decision-making. Sectoral planning, meanwhile, should begin with a comprehensive assessment of available resources and the current status of the realization of the rights to water and sanitation, both in terms of overall access as well as affordability, acceptability and quality.
- Legal status
- Non-negotiated soft law
- 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
- All
- Year
- 2011
Paragraph
Financing for the Realization of the Rights to Water and Sanitation 2011, para. 53
- Paragraph text
- The long-term success of the realization of the rights to water and sanitation also requires investment in governmental and human capacity, particularly at the local level. Decentralizing responsibility for managing water and sanitation services may boost their efficiency, and thus their sustainability, while also enhancing transparency, accountability and sensitivity to local needs. These attributes of decentralization, however, are not automatic and the central Government maintains an important monitoring role in respect of human rights. In particular, the central Government must ensure that the most marginalized and disadvantaged groups are prioritized, and adopt the necessary measures (e.g. through tied or earmarked transfers to local authorities), so as to avoid funding being diverted to, or captured by, privileged segments of the population or other sectors.
- Legal status
- Non-negotiated soft law
- 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
- All
- N.A.
- Year
- 2011
Paragraph
Financing for the Realization of the Rights to Water and Sanitation 2011, para. 69
- Paragraph text
- Even transparent budgeting can seldom account for the additional off-budget resources spent on water and sanitation by international donors and non governmental organizations, which often wish to manage their projects independent of Governments. The resources expended on these projects are then almost never recorded in national budgets. In cases in which States rely on international contributions for the majority of their work in the water and sanitation sector, this means that Governments and communities have little knowledge of how much funding is actually available. In Malawi in 2006, for example, it is estimated that off-budget spending by non-governmental organizations was as much as three times the reported annual budget for water and sanitation.
- Legal status
- Non-negotiated soft law
- 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
- N.A.
- Year
- 2011
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 6
- Paragraph text
- National planning provides opportunities to ensure more coordinated and consistent responses to broader concerns such as climate change and water scarcity. Good planning will also identify and address incompatibilities with human rights as well as overlaps and gaps in laws and policies. Successful planning is based on broad participation, which further contributes to effective implementation and sustainability. Effective national planning frequently leads to improved data on water and sanitation as well as to clarified responsibilities for more efficient and effective management of water and sanitation, thus contributing to enhanced accountability.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2011
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 35
- Paragraph text
- States must ultimately ensure that all people under their jurisdiction have access to sufficient, safe, acceptable and affordable water and sanitation services. While a water and sanitation strategy may adopt the overall framework, plans should be action oriented and list the measures to be adopted as specifically as possible. For instance, with regard to the affordability of service provision, States must, among other measures, design a tariff structure that considers the needs of all people, including those in poverty; designate an institution responsible for setting tariffs, regulating service providers and monitoring affordability; adopt supplementary social policies if necessary; consider operation and maintenance as well as connection costs in the case of networked supply, but also individual contributions for other forms of services; and set standards and safeguards for disconnections due to non-payment.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2011
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 37
- Paragraph text
- States should monitor whether the set targets have been reached within the envisaged time frame. To enable monitoring of the realization of the rights to water and to sanitation, States should develop relevant indicators, taking into account human rights criteria. These indicators can relate, for example, to reduction of the time spent in collecting water, improvement of water quality and increases in the percentage of treatment of wastewater. Such indicators should be designed not only to measure the outcome in terms of access, but also to capture the progress made and Government efforts. Moreover, data must be disaggregated according to prohibited grounds of discrimination to capture whether the specific targets set for marginalized and vulnerable populations have been reached.
- Legal status
- Non-negotiated soft law
- 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
- All
- Year
- 2011
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 81d
- Paragraph text
- [Human rights law provides a framework for ambitious, but realistic planning. While the ultimate goal must be universal coverage, the notion of progressive realization tailors this goal to the country situation and allows for the time frame that proves to be realistic in a given context. States must go to the maximum of available resources in the realization of the rights to water and to sanitation, turning to international assistance where needed. Progressive realization also implies gradually higher levels of service. In line with this:] States should formulate and design the necessary measures to meet the set targets;
- Legal status
- Non-negotiated soft law
- 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
- N.A.
- Year
- 2011
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 43
- Paragraph text
- Responsibilities in the water and sanitation sectors are often horizontally fragmented among different ministries and departments and vertically fragmented between the national/central and local levels. This reality makes coordination between different sectors, such as health, education, agriculture and social welfare, and at different levels of Government, including municipalities and regions, essential. The roles and responsibilities of these different institutions should be defined clearly in planning and all of these stakeholders should be involved in the process of elaborating and implementing the plan. Where local governments are responsible for delivering services, it is essential that they are involved in planning from the beginning. Moreover, civil society must also be involved in the planning process, as should the private sector where relevant. Finally, while donors and international organizations will often take part, it must be ensured that the process is country-driven. To gain authority and legitimacy, the plan should be endorsed at the highest political level.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 64
- Paragraph text
- Determining the costs of service provision should cover not only capital expenditures for infrastructure, but also costs associated with the life cycle of the system, including operation and maintenance, labour and managerial costs. Additionally, expenditure for on-site sanitation should be taken into account, but as it occurs mostly at the household level, it is difficult to quantify. UNDP is undertaking interesting work on costing, such as its development of the Millennium Development Goals needs assessment model. This model, which integrates the rights to water and to sanitation, provides a framework for national Governments to assess the costs of reaching the water and sanitation targets over the period to 2015.
- Legal status
- Non-negotiated soft law
- 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
- N.A.
- Year
- 2011
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 68
- Paragraph text
- Any plan for the realization of the rights to water and to sanitation must be developed through a participatory and transparent process. Systematic participation is crucial in every phase of the planning cycle, from diagnosis through target setting and the formulation of responses and implementation to monitoring and evaluation. Sanitation, in particular, cannot just be delivered, but requires behavioural change, which can be achieved only through the active involvement of interested beneficiaries. Opportunities for participation, including community needs assessments, must be established as early as possible.
- Legal status
- Non-negotiated soft law
- 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
- All
- Year
- 2011
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 74
- Paragraph text
- The overall targets on increasing access to water and sanitation must therefore be complemented by targets to reduce inequalities. As a first step, this requires States to identify vulnerable and marginalized populations, patterns of discrimination, and their underlying structural causes. In terms of access to water and sanitation, groups and individuals who have been identified as potentially vulnerable or marginalized include, inter alia, women, children, inhabitants of rural and deprived urban areas and others living in poverty, nomadic and traveller communities, refugees, migrants, people belonging to ethnic or racial minorities, elderly people, indigenous groups, persons living with disabilities, people living in water-scarce regions and persons living with HIV/AIDS.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Water & Sanitation
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2011
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 79
- Paragraph text
- In their monitoring activities, States must specifically pay attention and report on the measures taken to reach the most disadvantaged and excluded. They must also include information on the programmes and resources specifically devoted to these purposes; that is, disaggregated data is not only necessary at the level of outcome, but likewise in measuring Government efforts, for instance, to determine whether resources have been increased to reach people living in slums. The Tanzania Water and Sanitation Network monitors equity in the sector through annually published equity reports focusing on the inclusion, accountability, participation and sustainability of policies. It found considerable equity fault lines in the water sector of the United Republic of Tanzania, for example, a gap between access in rural and urban areas and disproportionately high budgets for urban services.
- Legal status
- Non-negotiated soft law
- 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
- All
- Year
- 2011
Paragraph
Integrating non-discrimination and equality into the post-2015 development agenda for water, sanitation and hygiene 2012, para. 42
- Paragraph text
- The current development framework already calls for the disaggregation of data according to different stratifiers, such as sex, to the greatest extent possible. Experience has shown, though, that such calls are not sufficient by themselves - they need to be linked to goals and targets that offer an incentive for progress in reducing inequalities. At the technical level, the challenge of capturing the distributional dimensions of inequality is exacerbated by data constraints that make it difficult to track them. However, with the necessary political commitment, these challenges can be overcome, as will be further outlined below in the examination of some proposals to address inequalities in access to water, sanitation and hygiene.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 82b
- Paragraph text
- [The human rights framework requires a coherent and comprehensive approach to planning that emphasizes the underlying structural causes and systemic biases for the lack of access to water and sanitation. It requires considering how laws, social norms, traditional practices and institutional structures and actions affect access. As such, the human rights framework helps to not only cure the symptoms, that is, the lack of access, but aims at addressing the underlying reasons, leading to more sustainable results. In this regard:] Strategies and plans must be developed through a participatory and inclusive process ensuring, in particular, that disadvantaged, marginalized and vulnerable people and communities are represented. Participation must go beyond mere information sharing and superficial consultation, and provide real opportunities for influence throughout the planning process;
- Legal status
- Non-negotiated soft law
- 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
- All
- Year
- 2011
Paragraph
Integrating non-discrimination and equality into the post-2015 development agenda for water, sanitation and hygiene 2012, para. 32
- Paragraph text
- In her country missions, the Special Rapporteur has noted that specific groups are excluded from access to water and sanitation, often reflecting patterns of discrimination, marginalization and limited political will to ensure substantive equality. These groups can be identified along ethnicity and socioeconomic divides. In some countries, indigenous peoples living on reserves do not have access to water or sanitation services. Dalits often suffer discrimination in accessing water and sanitation, while Roma are most disadvantaged in many European countries. Moreover, the Special Rapporteur's attention has repeatedly been drawn to vast gender inequalities and multiple discrimination, or the compounded impact of various grounds of discrimination on the same individual or group. For instance, women and girls are overwhelmingly tasked with collecting water and are physically and sexually threatened when they fetch water. Persons with disabilities are also disproportionately represented among those who lack access to safe drinking water and sanitation.
- Legal status
- Non-negotiated soft law
- 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
- Ethnic minorities
- Girls
- Women
- Year
- 2012
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 26
- Paragraph text
- The invisibility created by stigma also has negative impacts on the situation of some persons with disabilities. The World Health Organization estimates that over 1 billion people worldwide live with some kind of physical, mental, intellectual or sensory impairment. However, due to the silence and shame created by stigma, persons with disabilities and their needs are often rendered invisible, making it impossible for them to enjoy a range of human rights, as most practices, services and facilities are biased against them. In some societies, persons with disabilities are perceived as "problems to be fixed" or as a "burden". According to information received by the Special Rapporteur, in extreme cases, children and adults with mental disabilities have literally been tied up inside the home-with no access to sanitation-to hide them from the community.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2012
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 30
- Paragraph text
- In some situations, indigenous peoples may be stigmatized as "primitive" and pursuing an "uncivilized" lifestyle. In her missions to Costa Rica and to the United States of America, the Special Rapporteur observed that indigenous communities are disproportionately excluded from access to water and sanitation. Similarly, pastoralist communities and (semi-)nomadic tribes are often neglected in terms of access to services. State policies may seek to "civilize" indigenous, pastoralist or nomadic communities, pushing them to live on reserves or in urban slums, with substandard water and sanitation services even in these areas, highlighting how attitudes, stigmatization and public policies mutually reinforce each other to the detriment of these communities.
- Legal status
- Non-negotiated soft law
- 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
- Ethnic minorities
- Year
- 2012
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 31
- Paragraph text
- The situation is similar for many ethnic groups across the globe. Access to water and sanitation for Roma is notoriously precarious. It is not uncommon for Roma communities, including those living in countries where non-Roma communities have universal access to water and sanitation, to lack even rudimentary access, as found by the Special Rapporteur during her mission to Slovenia (A/HRC/18/33/Add.2, paras. 33-36). This situation highlights one of the insidious qualities of stigma: it has a self-fulfilling and circular nature. Roma are stereotyped as being "dirty", "smelly" and "unclean" while being denied access to water and sanitation. Sometimes, well-meant interventions can reinforce their stigmatization. Reportedly, some municipalities in Eastern Europe have implemented shower programmes in schools, encouraging Roma children to take a shower before entering the classroom-with the unintended effect of identifying them as being too "dirty" to receive education and as such further entrenching their stigmatization.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- Children
- Year
- 2012
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 32
- Paragraph text
- Similarly, caste systems are closely related to stigma and patterns of human rights violations. Caste systems across the world are deeply rooted in social segregation, based on ideas of purity and pollution and lending traditional "legitimacy" to discrimination. The International Dalit Solidarity Network underlines that Dalits "are considered 'lesser human beings', 'impure' and 'polluting' to other caste groups. They are known to be 'untouchable' and subjected to so-called 'untouchability practices' in both public and private spheres". In terms of water and sanitation provision, Dalit habitations are often systematically excluded (A/HRC/15/55 and Corr.1, para. 76).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Ethnic minorities
- Year
- 2012
Paragraph
Wastewater management in the realization of the rights to water and sanitation 2013, para. 48
- Paragraph text
- To curb water pollution effectively, regulation must target all sectors and cover the whole country, giving priority to the elimination of the most urgent and serious challenges, which vary from country to country and within countries. They might stem from the use of pesticides and fertilizers in agriculture in rural areas, the non confinement and non-treatment of sludge and septage in densely populated urban areas, or from industrial wastewater in areas that experience sudden economic growth. States have to assess the situation at the microlevel and prioritize addressing the most urgent challenges.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Health
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph