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between these terms are. CESCR general comment No. 15 refers to adequate sanitation and safe
sanitation services, without defining these two terms and clarifying whether they carry different
obligations.38
20. The UNECE Protocol provides a definition of sanitation, described as the collection,
transport, treatment and disposal or reuse of human excreta or domestic waste water, whether by
collective systems or by installations serving a single household or undertaking. It emphasizes
that it should be of an adequate standard that is sufficient to protect human health and the
environment.39
21. Some guidance might be provided regarding the meaning of sanitation under international
human rights instruments by virtue of applying existing standards and principles - such as the
right to privacy and respect for human dignity and personal integrity- to sanitation.
C. The meaning and scope of access
1. Equitable access
22. The consultation process carried out by OHCHR outlined several interpretations of the
term “equitable” used in Human Rights Council’s decision 2/104 on human rights and
access to water when referring to access to safe drinking water and sanitation. CESCR
general comment No. 15 highlights the principle of equity that demands that poorer households
should not be disproportionately burdened with water expenses as compared to richer
households.40 However, considerations of equity are often broader than the question of how to
distribute water expenses. Equitable access considered within a human rights framework refers
to equal and non-discriminatory access and it is on this basis that the term is understood and
used.
23. The human rights framework prohibits discriminatory policies, laws or practices that affect
individuals’ access to safe drinking water and sanitation, including discrimination on the basis of
housing or land status.41 De jure and de facto discrimination should be addressed immediately in
a way that takes into account the water and sanitation needs of disadvantaged and marginalized
individuals.42
38
International declarations and plans of action refer alternatively to sanitary measures of
excreta disposal, effective management of waste, adequate, proper or basic sanitation.
39
See articles 2.8 and 6 (b).
40
Para. 27.
41
See CESCR general comment No. 15, para. 16; Human Rights Committee, general
comment No. 18 (1989) on non-discrimination; Committee on the Elimination of Racial
Discrimination, general recommendation XX (1996) on article 5 of the Convention.
42
See Human Rights Committee, general comment No. 18 (1989) on non-discrimination,
para. 10.
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