A/HRC/42/47
improved sanitation, which should include at least one staff toilet, one sex-separated toilet,
with facilities for menstrual hygiene management, and one accessible toilet for use by
persons with disabilities. The report equally specifies that compliance with the Sustainable
Development Goals regarding hygiene means that hand-washing facilities with soap and
water should be provided within five metres of toilets. 4
11.
Workplaces have also been considered as spheres of life where water and sanitation
should be provided to sufficient standards. Workspaces can be both formal, when they may
be established and operated by one’s employer, or informal where people may use public
spaces to conduct their economic activities. The Committee on Economic, Social and
Cultural Rights has made clear that the right to just and favourable conditions of work
includes ensuring that water and sanitation are available for all workers and, importantly,
has acknowledged that these rights extend also to people working informally. 5 In addition,
the International Labour Organization has published a number of conventions,
recommendations and reports, in which it sets out the necessity of providing adequate water
and sanitation facilities in workplaces in general and has equally addressed water and
sanitation issues in relation to many open workspace industries.
12.
The enjoyment of the human rights to water and sanitation has also been well
recognized as applicable in prisons and detention facilities. For instance, rule 20.2 of the
Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules) stipulates that
“drinking water shall be available to every prisoner whenever he or she needs it”. In his
joint communication to Bahrain, the Special Rapporteur raised concerns regarding the
prison authorities shutting off water, including drinking water, for up to 36 hours, leading to
outbreaks of illness among prisoners. 6 Furthermore, during his visit to El Salvador he found
prison toilets that were simply holes in the floor, which had to be used by 15 to 25 people
and which afforded no privacy at all (A/HRC/33/49/Add.1, para. 86).
B.
Sustainable Development Goals and the spheres of life beyond the
household
13.
A number of the Sustainable Development Goals and related targets speak to the
need to ensure that water and sanitation services are available in relevant spheres of life.
For instance, targets 6.1 and 6.2 respectively require that by 2030 States should “achieve
universal and equitable access to safe and affordable drinking water for all” and “achieve
equitable sanitation and hygiene for all and end open defecation”. By specifying that all
people are entitled to benefit from actions to achieve those targets and by stating that access
to water must be universal, Goal 6 clearly looks beyond merely addressing access to water
and sanitation at the household level. Rather, it requires States to implement actions to
improve access for everyone, wherever needed. As part of that commitment, the careful
interpretation of other goals and targets, looking at water and sanitation as a cross-cutting
issue, clarifies and affirms the commitment of providing access to water and sanitation in
various spheres beyond the household.
14.
In that regard, target 3.3 of the Sustainable Development Goals requires States to
combat “water-borne diseases and other communicable diseases”, while in target 3.9 States
are called upon to “substantially reduce the number of deaths and illnesses from … water
and soil pollution and contamination”. It can be easily recognized that for those targets to
be met, it will not be sufficient to focus on the provision of services at the household level.
Furthermore, target 4.a requires States to build educational facilities in a way that is “child,
disability and gender sensitive” so as to provide a positive learning environment; the related
4
5
6
4
See WHO/UNICEF, “Water, sanitation and hygiene in health care facilities: status in low- and
middle-income countries and way forward” (2015); and WHO/UNICEF, “WASH in Healthcare
Facilities: Global Baseline Report 2019”
See Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016) on the right
to just and favourable conditions of work, paras. 30 and 47 (d).
UA BHR 4/2018, available from
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23996.
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