A/HRC/42/47
places a particular emphasis on public spaces, given the significant gaps found worldwide
and the importance of highlighting those spaces in the efforts of States to progressively
realize the rights to water and sanitation.
6.
In the present report, the Special Rapporteur initially addresses access to water and
sanitation services in spheres of life beyond the household (section II). He then outlines
how the human rights to water and sanitation apply within public spaces (section III),
before considering how States should ensure access to water and sanitation in public spaces
in line with the normative content of the rights (section IV). In section V, he addresses the
interlinkages of the rights to water and sanitation and other human rights in the context of
public spaces and the report concludes with recommendations.
II. Spheres of life beyond the household
7.
Although the obligations of States to respect, protect and fulfil the human rights to
water and sanitation extend to all persons without discrimination, national policy and
practice regarding the progressive realization of those rights has had a tendency to be
limited, wholly or mostly, to the implementation of projects aimed at improving access
within formal households. However, the Human Rights Committee in its general comment
No. 16 (1998) on the right to privacy extended the concept of “home” to a “place where a
person resides or carries out his usual occupation”. Equally, in its resolution 72/178, the
General Assembly recognized the human rights to water and sanitation and stated that “the
human right to safe drinking water entitles everyone … to have access to … water and …
the human right to sanitation entitles everyone … to have … access to sanitation … in all
spheres of life”.
8.
Different definitions can be adopted for spheres of life beyond the household,
particularly when looking at relevant global gaps in access to water and sanitation. Those
spheres may include spaces where people live that are different from conventional
households (streets, prisons, dormitories, refugee camps); places where people work; places
where people systematically spend significant time (public spaces, schools, places of
worship); and places where people go occasionally and might spend significant time
(stores, public transit hubs, health-care facilities, government offices, other public
buildings, parks, mass gatherings, restaurants, public buildings). All those spheres of life
require that attention be paid to the enjoyment of the human rights to water and sanitation,
but they constitute a heterogeneous landscape, differing substantially in terms of needs and
appropriate approaches. The following section illustrates this, highlighting some spheres of
life requiring particular attention and concerns and initiatives related to them.
A.
Spheres of concern for the realization of the human rights to water and
sanitation
9.
In educational establishments the need to be able to access water and sanitation has
been well rehearsed. The World Health Organization/United Nations Children’s Fund
(WHO/UNICEF) joint monitoring programme report on access to water and sanitation in
schools has, for instance, provided guidance regarding how States should ensure access to
water and sanitation, emphasizing that drinking water should be available and should come
from an improved source, while sanitation facilities must be single-sex, functional, private,
improved and available.3 Access to water and sanitation in schools has also been addressed
by the Special Rapporteur, for example during his visit to El Salvador, where he drew
attention to the lack of availability of water in rural schools, with responsibility for the
provision of water placed on the directors of the school, rather than on the Government
(A/HRC/33/49/Add.1, paras. 46–47).
10.
The WHO/UNICEF report on health-care facilities also outlines the need for
hospitals and clinics to provide access to improved water on the premises, as well as
3
See UNICEF/WHO “Drinking water, sanitation and hygiene in schools: global baseline report 2018”.
3
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