8.3.1 Arbitrary or discriminatory exclusion from access to safe-drinking water and sanitation[ICESCR arts 11 & 12] Condensed: The principle of non-discrimination obliges states to ensure that water and sanitation are available to everyone equally without discrimintion on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status. Access to the right to water consists of four overlapping dimensions: Physical accessibility, economic accessibility, non-discrimination and information accessibility. Safe drinking water in terms of quality is described as water that does not represent any significant risk to health over a lifetime of consumption. Sanitation can be defined as a system for the collection, transport, treatment and disposal or reuse of human excreta and associated hygiene. Acceptability in relation to sanitation may require that separate sanitation facilities be provided for men and women, boys and girls in public places including schools, that facilities accommodate culturally acceptable hygiene practices. Comprehensive: The right to water is implicitly included in the ICESCR and in particular in the guarantees for adequate standard of living, the right to the highest attainable standard of health, and the rights to adequate housing and adequate food.[1] The UN General Assembly affirmed the right to drinking water and sanitation and the UN Human Rights Council affirmed that that right is linked to existing human rights treaties, including the ICESCR.[2]Everyone is entitled to access to (a) safe drinking water and (b) sanitation. The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses.[3]The Human Rights Committee has also found that denial of access to water may violate the right to life and the right to equal protection of the law as enshrined in the ICCPR.[4] The principle of non-discrimination obliges states to ensure that water is available to everyone equally without regard to the internationally accepted grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.[5] Other status has been held to include age, disability, sexual orientation, and civil, political or social status.[6] CEDAW provides for states to take appropriate measures to eliminate discrimination against women and ensure on a basis of equality of men and women the right to enjoy adequate living conditions, including water supply.[7] (See *discrimination against women*). Groups that require particular attention of the state to ensure they are not arbitrarily excluded from enjoying the right to water include people living in rural and deprived urban areas, indigenous peoples, nomadic and traveller communities, prisoners and detainees, older persons, persons with disabilities, victims of natural disasters, and persons living in disaster-prone areas, arid and semi-arid areas and small islands, refugees and asylum seekers.[8] Access to the right to water consists of four overlapping dimensions:[9] i) Physical accessibility – adequate water and water facilities must be within safe physical distance of all segments of the population. Women are for example disproportionately disadvantaged in terms of the time burden and their safety from assault and harassment when they have to walk long distances to collect water.[10] ii) Economic accessibility – Water should be made affordable for all, in particular, the cost of water should not disproportionately disadvantage certain segments of society such as poor people. iii) Non-discrimination – No one should be excluded on the basis of the prohibited grounds of discrimination from access to water and water facilities and services. iv) Information accessibility – Everyone has the right to seek, receive and impart information on water issues. Safe drinking water consists of the elements of quantity and quality. The term ‘covers a limited amount of water needed - along with sanitation requirements - to provide for personal and domestic uses, which comprise water for drinking, washing clothes, food preparation and for personal and household hygiene.’[11] (See* denial of the minimum quantity of water needed to sustain life and health*). Safe drinking water in terms of quality is described as water that does not represent any significant risk to health over a lifetime of consumption.[12] Ensuring safe drinking water requires monitoring for microbial, chemical, radiological contamination and ensuring acceptability aspects such as taste and colour of the water.[13] Sanitation can be defined as ‘a system for the collection, transport, treatment and disposal or reuse of human excreta and associated hygiene’.[14] States have an obligation to ensure that everyone, without discrimination has physical and economic access to sanitation in all spheres of life, which is safe, hygienic, secure, socially and culturally acceptable, provides privacy and ensures dignity.[15] Thus acceptability may require that separate sanitation facilities be provided for men and women, boys and girls in public places including schools, and that facilities accommodate culturally acceptable hygiene practices.[16]
[1] ICESCR arts 11 & 12; CEDAW art 14(2)(h); CRC art 24(2)(c); CPWD art 28(2)(a); ACRWC art 14(2)(c); ACHPR Protocol on Women art 15(a). [2] UNGA Resolution 64/292 ‘The human right to water and sanitation’, A/RES/64/292; HRC Resolution 15/9 ‘Human rights and access to safe drinking water and sanitation’, A/HRC/RES/15/9. [3] CESCR General Comment 15 para 2. [4]HRC, Concluding Observations: Israel, UN Doc. CCPR/C/ISR/CO/3 (2010) para 18. [5] ICESCR art 2(2). [6] CESCR General Comment 15 para 13. [7] CEDAW art 14(2)(h). [8] CESCR General Comment 15 para 16(c)-(h). See also European Roma Rights Centre v Greece complaint 15/2003 (ECSR 2004) paras 20, 23; Sawhoyamaxa Indigenous Community of the Enxet People v. Paraguay (IACtHR 2006) para 230. [9] CESCR General Comment 15 para 12(c). [10]Report of the United Nations High Commissioner for Human Rights on the scope and content of the relevant human rights obligations related to equitable access to safe drinking water and sanitation under international human rights instruments, A/HRC/6/3 (2007) para 11. [11]Report of the United Nations High Commissioner for Human Rights on the scope and content of the relevant human rights obligations related to equitable access to safe drinking water and sanitation under international human rights instruments para 13. [12] WHO Guidelines for drinking water quality vol 1 3rd ed (2006) 1-7. [13] WHO Guidelines for drinking water quality 1-7. [14]Report of the independent expert on the issue of human rights obligations related to access to safe drinking water and sanitation, A/HRC/12/24 (2009) para 63. [15] Report of the independent expert on the issue of human rights obligations related to access to safe drinking water and sanitation para 63. [16]Report of the independent expert on the issue of human rights obligations related to access to safe drinking water and sanitation para 80.
Condensed:
The principle of non-discrimination obliges states to ensure that water and sanitation are available to everyone equally without discrimintion on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status. Access to the right to water consists of four overlapping dimensions: Physical accessibility, economic accessibility, non-discrimination and information accessibility. Safe drinking water in terms of quality is described as water that does not represent any significant risk to health over a lifetime of consumption.
Sanitation can be defined as a system for the collection, transport, treatment and disposal or reuse of human excreta and associated hygiene. Acceptability in relation to sanitation may require that separate sanitation facilities be provided for men and women, boys and girls in public places including schools, that facilities accommodate culturally acceptable hygiene practices.
Comprehensive:
The right to water is implicitly included in the ICESCR and in particular in the guarantees for adequate standard of living, the right to the highest attainable standard of health, and the rights to adequate housing and adequate food.[1] The UN General Assembly affirmed the right to drinking water and sanitation and the UN Human Rights Council affirmed that that right is linked to existing human rights treaties, including the ICESCR.[2] Everyone is entitled to access to (a) safe drinking water and (b) sanitation.
The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses.[3] The Human Rights Committee has also found that denial of access to water may violate the right to life and the right to equal protection of the law as enshrined in the ICCPR.[4]
The principle of non-discrimination obliges states to ensure that water is available to everyone equally without regard to the internationally accepted grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.[5] Other status has been held to include age, disability, sexual orientation, and civil, political or social status.[6] CEDAW provides for states to take appropriate measures to eliminate discrimination against women and ensure on a basis of equality of men and women the right to enjoy adequate living conditions, including water supply.[7] (See *discrimination against women*). Groups that require particular attention of the state to ensure they are not arbitrarily excluded from enjoying the right to water include people living in rural and deprived urban areas, indigenous peoples, nomadic and traveller communities, prisoners and detainees, older persons, persons with disabilities, victims of natural disasters, and persons living in disaster-prone areas, arid and semi-arid areas and small islands, refugees and asylum seekers.[8]
Access to the right to water consists of four overlapping dimensions:[9]
i) Physical accessibility – adequate water and water facilities must be within safe physical distance of all segments of the population. Women are for example disproportionately disadvantaged in terms of the time burden and their safety from assault and harassment when they have to walk long distances to collect water.[10]
ii) Economic accessibility – Water should be made affordable for all, in particular, the cost of water should not disproportionately disadvantage certain segments of society such as poor people.
iii) Non-discrimination – No one should be excluded on the basis of the prohibited grounds of discrimination from access to water and water facilities and services.
iv) Information accessibility – Everyone has the right to seek, receive and impart information on water issues.
Safe drinking water consists of the elements of quantity and quality. The term ‘covers a limited amount of water needed - along with sanitation requirements - to provide for personal and domestic uses, which comprise water for drinking, washing clothes, food preparation and for personal and household hygiene.’[11] (See* denial of the minimum quantity of water needed to sustain life and health*). Safe drinking water in terms of quality is described as water that does not represent any significant risk to health over a lifetime of consumption.[12] Ensuring safe drinking water requires monitoring for microbial, chemical, radiological contamination and ensuring acceptability aspects such as taste and colour of the water.[13]
Sanitation can be defined as ‘a system for the collection, transport, treatment and disposal or reuse of human excreta and associated hygiene’.[14] States have an obligation to ensure that everyone, without discrimination has physical and economic access to sanitation in all spheres of life, which is safe, hygienic, secure, socially and culturally acceptable, provides privacy and ensures dignity.[15] Thus acceptability may require that separate sanitation facilities be provided for men and women, boys and girls in public places including schools, and that facilities accommodate culturally acceptable hygiene practices.[16]
[1] ICESCR arts 11 & 12; CEDAW art 14(2)(h); CRC art 24(2)(c); CPWD art 28(2)(a); ACRWC art 14(2)(c); ACHPR Protocol on Women art 15(a).
[2] UNGA Resolution 64/292 ‘The human right to water and sanitation’, A/RES/64/292; HRC Resolution 15/9 ‘Human rights and access to safe drinking water and sanitation’, A/HRC/RES/15/9.
[3] CESCR General Comment 15 para 2.
[4]HRC, Concluding Observations: Israel, UN Doc. CCPR/C/ISR/CO/3 (2010) para 18.
[5] ICESCR art 2(2).
[6] CESCR General Comment 15 para 13.
[7] CEDAW art 14(2)(h).
[8] CESCR General Comment 15 para 16(c)-(h). See also European Roma Rights Centre v Greece complaint 15/2003 (ECSR 2004) paras 20, 23; Sawhoyamaxa Indigenous Community of the Enxet People v. Paraguay (IACtHR 2006) para 230.
[9] CESCR General Comment 15 para 12(c).
[10]Report of the United Nations High Commissioner for Human Rights on the scope and content of the relevant human rights obligations related to equitable access to safe drinking water and sanitation under international human rights instruments, A/HRC/6/3 (2007) para 11.
[11]Report of the United Nations High Commissioner for Human Rights on the scope and content of the relevant human rights obligations related to equitable access to safe drinking water and sanitation under international human rights instruments para 13.
[12] WHO Guidelines for drinking water quality vol 1 3rd ed (2006) 1-7.
[13] WHO Guidelines for drinking water quality 1-7.
[14]Report of the independent expert on the issue of human rights obligations related to access to safe drinking water and sanitation, A/HRC/12/24 (2009) para 63.
[15] Report of the independent expert on the issue of human rights obligations related to access to safe drinking water and sanitation para 63.
[16]Report of the independent expert on the issue of human rights obligations related to access to safe drinking water and sanitation para 80.