A/HRC/6/3
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requirements to provide safe drinking water and sanitation facilities for both sexes in educational
institutions.26 The Special Rapporteur on the right to education followed a similar approach,
highlighting the problem of schools lacking adequate sanitation facilities and water supply and
the fact that this absence represents a genuine impediment to the right to education.27
11. Access to safe drinking water and sanitation can also create equality concerns, notably in
relation to women, as limited access tends to disproportionately affect their health, physical and
psychological integrity, privacy and access to education. The time burden of collecting and
carrying water, which often falls on women and girls, is one explanation for the very large
gender gaps in school attendance in many countries, while girls also commonly miss out
disproportionately on an education if school sanitation facilities are inadequate. When girls and
women have to walk to a place distant from their home for excreta disposal or water collection,
they are also vulnerable to harassment and assault. Under the Convention on the Elimination of
All Forms of Discrimination against Women (CEDAW), States parties have the obligation to
address all forms of discrimination against women, including the elimination of the causes and
consequences of their de facto or substantive inequality.
12. A certain number of humanitarian and environmental treaties also entail specific provisions
related to access to safe drinking water and sanitation. The Geneva Conventions and their
Additional Protocols outline the fundamental importance of access to safe drinking water and
sanitation for health and survival in situations of international and non-international armed
conflicts. Under the United Nations Economic Commission for Europe (UNECE) Protocol on
Water and Health to the 1992 Convention on the Protection and Use of Transboundary
Watercourses and International Lakes (UNECE Protocol), States parties have the obligation to
take appropriate measures to provide access to drinking water and sanitation and to protect water
resources used as sources of drinking water from pollution.28
II. SCOPE AND CONTENT OF HUMAN RIGHTS OBLIGATIONS
A. The meaning and scope of safe drinking water
1. Sufficient quantity
13. The mandate entrusted to OHCHR by the Human Rights Council limits the type of issues
the study can consider to safe drinking water and sanitation. The term “safe drinking water”
covers a limited amount of water needed - along with sanitation requirements - to provide for
personal and domestic uses, which comprise water for drinking, washing clothes, food
preparation and for personal and household hygiene. These personal and domestic uses represent
26
CESCR general comment No. 13 (1999) on the right to education (art. 13), para. 43.
27
See for instance E/CN.4/1999/49, para. 67.
28
Articles 1, 4, para. 2 (a) and (b) and 6, para. 1 (a) and (b) available at: http://www.unece.org/
env/water/text/text_protocol.htm.
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