the human right to water and sanitation in emergency situations

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48 Disabled Persons The last human rights treaty to explicitly mention the right to water is the International Convention on the Rights of Persons with Disabilities (2006) which states in its Article 28 that: “2. States Parties recognize the right of persons with disabilities to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of this right, including measures: a) To ensure equal access by persons with disabilities to clean water services, and to ensure access to appropriate and affordable services, devices and other assistance for disability-related needs (…)” The human rights obligations connected to safe drinking water and sanitation are explicit in these three human rights instruments ratified by a very great number of States. Nevertheless, for them, a reference to the right to access to water in these two texts does not make this a universal right. In reality, States generally do not consider that because a right has been conferred on a particular group (in this case, women or children) it can be understood to be an integral part of universal human rights. Moreover, there is still a lack of explicit definition as to the obligations of the State to realize this right. © ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS
- Part 2 - Definition of the right to water and sanitation in emergency situations CHApTER 8 - HUMAN RIGHTS OblIGATIONS RElATED TO SANITATION This section illustrates that the right to sanitation is explicitly recognized in a number of human rights instruments. 8.1. Recognition under Human rights instruments Access to sanitation is integrally linked to the right to water. Sanitation also raises key concerns about dignity, non-discrimination, physical security, health and other fundamental human rights. Some international human rights treaties implicitly, or explicitly, recognize the right to sanitation (See Box 11). BoX 11 - The right to sanitation in international human rights law ICESCR, Article 11 CEDAW, Article 14 CRC, Article 24 Implicit recognition Explicit recognition Explicit recognition “The State Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent”. States parties shall guarantee to women, “the right to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communication”. States parties shall ensure that all segments of society, “are informed, have access to education and are supported in the use of basic knowledge of … hygiene and environmental sanitation”. General Comment 15 presents access to sanitation as an essential component of the right to water and declares that States are required to ensure that everyone has access to adequate sanitation which is not only fundamental for human dignity and privacy, but also for protecting water quality 56 . However, the General Comment provides less guidance on how to interpret the right to sanitation. At its fifty-sixth session in 2005, the Sub-Commission on the Promotion and Protection of Human Rights requested Special Rapporteur Mr. El Hadji Guissé to prepare draft guidelines for the realization of the right to drinking water and sanitation 57 . This document offers further guidance on the conceptual content of the 56/ Indeed, GC 15 states in its paragraph 29 that: “Ensuring that everyone has access to adequate sanitation is not only fundamental for human dignity and privacy, but is one of the principal mechanisms for protecting the quality of drinking water supplies and resources. In accordance with the rights to health and adequate housing (see General Comments No. 4 (1991) and 14 (2000)) States parties have an obligation to progressively extend safe sanitation services, particularly to rural and deprived urban areas, taking into account the needs of women and children.” 57/ UN Doc. E/CN.4/Sub.2/2005/25, Sub-Commission for the Promotion and Protection of Human Rights. Realization of the Right to Drinking Water and Sanitation, Report of the Special Rapporteur, El Hadj Guissé, July 2005 © ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS 49
Page 1 and 2: THE HUMAN RIGHT TO WATER AND SANITA
Page 3 and 4: ACkNOWlEDGMENTS Acknowledgments The
Page 5 and 6: Foreword fOREWORD Access to safe dr
Page 7 and 8: Table of contents 6.7. Responsibili
Page 9 and 10: lIST Of CASE STUDIES AND CONCRETE E
Page 11 and 12: IHL International Humanitarian Law
Page 13 and 14: ExECUTIvE SUMMARY Executive summary
Page 15 and 16: INTRODUCTION Introduction 1. What c
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Annexes The World Water Council 140
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Annexes The 4th World Water Forum (
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Annexes ANNExE 3 SUMMARY Of THE kEY
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un Standard Minimum Rules for the T
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Art 54. Art 55. Art 5. Art 14. Anne
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IblIOGRApHY Bibliography Right to W
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Bibliography • UN Doc. E/CN.4/Sub
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