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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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
4 shown of 4 entities