A/HRC/42/47
persons deprived of their liberty. The lived realities of these groups mean they often
have a far greater need for access to water and sanitation in spheres of life beyond the
household and, consequently, when access is unavailable or otherwise inadequate, the
effects felt by them can be severe. Inadequate access to water and sanitation in places
outside formal households can have a negative impact on a multifarious range of
economic, social, cultural and political outcomes, affecting health, educational and
employment prospects, and access to social and communal opportunities. Each of
those is, in and of itself, a potential breach of human rights arising out of the breach of
the human rights to water and sanitation.
63.
The failure of States to include spheres of life beyond the household within
their water and sanitation policy and planning is inconsistent with the commitments
they have made to the Sustainable Development Goals, which reach towards the
fundamental objective of creating equitable and poverty-free communities by 2030,
ensuring that “no one is left behind”. As noted, if they are to be achieved, many of the
Goals and related targets clearly require action to facilitate access to water and
sanitation services in public spaces and the 2030 Agenda for Sustainable Development
represents unambiguous recognition that it is insufficient for States to implement
actions that do not reach the full spectrum of people and spaces within their
jurisdictions. That includes those who may live, work in or otherwise utilize spheres of
life beyond the household.
64.
In particular, in the present report the Special Rapporteur has highlighted the
vital relevance of public spaces, such as parks, plazas, streets, markets and transport
hubs, in enabling people to access their human rights to water and sanitation. Such
spaces, as zones accessible to all, are lifelines for numerous people and, accordingly,
must be given due recognition in the water and sanitation policies of States. That
requires concerted action from national and local governments, service providers and
regulators in breaking down barriers to access and clearly identifying the roles and
responsibilities of all actors involved in provision.
65.
In line with the above, the Special Rapporteur recommends that:
(a)
States include water and sanitation in spheres of life beyond the
household, and particularly in public spaces, in their policies, plans and
implementation strategies, with a view to ensuring access which complies with the
normative content of the human rights to water and sanitation and the principles of
human rights;
(b)
States deliver recommendations to local governments setting out how to
determine which public spaces require the provision of water and sanitation services
and what level and type of provision is required. Those determinations should be
made in consultation with the users of such spaces, take into account the nature of the
usage of a particular space and specify how implementation should comply with the
human rights to water and sanitation;
(c)
International monitoring bodies associated with the Sustainable
Development Goals include a broader range of spheres of life beyond the household in
their assessments and establish methodologies to define levels of services in those
spaces compatible with the 2030 Agenda for Sustainable Development and the human
rights framework. In particular, special care must be taken to ensure that the data
includes all relevant groups;
(d)
International human rights treaty mechanisms and bodies, including but
not limited to treaty monitoring bodies and the universal periodic review, must
include public spaces and other relevant spheres of life beyond the household in their
assessments and monitoring of the enjoyment of human rights, both in specific States
and globally.
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