A/HRC/42/47
IV. Complying with the human rights to water and sanitation in
public spaces
35.
In order for States to realize their human rights obligations to ensure water and
sanitation in public spaces, they must provide such services in line with the normative
content of the rights. Although the human rights to water and sanitation do not prescribe
fixed standards, understanding that the enjoyment of those rights is fundamentally
contextual, they provide a framework that can support States and the international agencies
in establishing more prescriptive levels of service. Similarly to the definition in the
WHO/UNICEF joint monitoring programme for access to water, sanitation and hygiene at
the household level, in schools and in health facilities, the normative content of the rights to
water and sanitation, developed in the following sections, may provide a reference for the
definition of different levels of service in public spaces, including the level supposed to
comply with the expectations set out in the Sustainable Development Goals. The further
development of those standards can be a platform for monitoring access to facilities in
public spaces and guide States, and in particular local governments, to implement services
that meet human rights requirements, after identifying the territories in the specific city or
town where those services are needed.
A.
Availability
36.
In order for the provision of water and sanitation in public spaces to meet the
requirement that services must be available, States are obliged to provide a supply of water
to such places that is both continuous and sufficient for personal needs, such as for personal
sanitation and drinking. In situations where public spaces are utilized as dwellings, for
instance by people who are homeless, States are also obliged to ensure a level of access that
is adequate to fulfil domestic needs, including for cleaning property and clothes and
preparing food.21
37.
A lack of continuous access to safe water for drinking and personal hygiene in
public spaces generates many impacts, such as the risk of dehydration, and exacerbates the
effects of exposure faced by people who live and work in those places. 22 As was noted in
the Special Rapporteur’s communication related to Cork, Ireland, the lack of availability of
services in public spaces, such as drinking fountains or personal hygiene stations, forced
people who were homeless to rely on requesting access to those basic services from private
citizens or businesses. However, they were often refused access, which proved demeaning
for them (see A/HRC/31/79, IRL 2/2015).
38.
Where toilets are not available in public spaces, people who live and work there
commonly have to make a choice between waiting for long periods without urinating or
defecating, or resort to open defecation or urination to satisfy their vital needs. In Ecuador,
a lack of public toilet facilities available for street vendors, who often suffered from
diarrhoea owing to the unsanitary conditions on the street or in their own households, led
them to avoid using the toilet for many hours. This caused them eventually to suffer from
long-term gastric conditions.23
39.
In Dhaka, the authorities have been working towards improving the city’s existing
public toilets, while continuing to increase availability. As of 2011, Dhaka only had 47
21
22
23
10
See Committee on Economic, Social and Cultural Rights, general comment No. 15 (2002) on the right
to water, para. 12 (a).
Christine DeMyers, Chloe Warpinski, and Amber Wutich, “Urban water insecurity: a case study of
homelessness in Phoenix, Arizona”, Environmental Justice, vol. 10, No. 3 (2017); Bigboy Ngwenya
and others, “Heat stress and adaptation strategies of outdoors workers in the City of Bulawayo,
Zimbabwe”, Journal of Community Medicine and Public Healthcare, vol. 5, No. 1 (2018).
Sergio Ferragut and Georgina M. Gómez, “From the street to the store: the formalization of street
vendors in Quito, Ecuador” in Securing Livelihoods: Informal Economy Practices and Institutions,
Isabelle Hillenkamp, Frédéric Lapeyre and Andreia Lemaître, eds. (Oxford, Oxford University Press,
2013).
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