A/HRC/6/3
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24. The principles of equality and non-discrimination require that no population group is
excluded and that priority in allocating limited public resources is given to those who do not
have access or who face discrimination in accessing safe drinking water and sanitation.43 In the
case of indigenous peoples, guaranteeing their access to safe drinking water might require action
to secure their customary arrangements for managing water and the protection of their natural
water resources, as provided for under ILO Convention No. 169 of 1989 on Indigenous and
Tribal Peoples.44 Priority should also be given to institutions serving vulnerable groups such as
schools, hospitals, and refugee camps.
2. Physical access
25. A human rights approach to safe drinking water and sanitation underlines the importance
of securing safe physical access to water and sanitation facilities. Access to safe drinking water
and sanitation should be provided within or in close proximity to the home in a way that provides
regular water and prevents excessive collection time.45 Accordingly, human rights obligations
related to safe drinking water and sanitation do not require States to provide access in every
house. However, water and sanitation facilities have to be in close proximity to each house,
educational institution and workplace and must be within safe reach for all sectors of the
population, taking into account the needs of particular groups, including persons with
disabilities, children, the elderly and women. Securing access to safe drinking water in rural
areas might require safeguarding access by domestic users to traditional water sources and
protecting these sources from unsustainable extraction by industry or agriculture. CESCR
general comment No. 15 and the Sub-Commission’s guidelines also stress that the physical
security of individuals should not be threatened while accessing water and sanitation facilities
and services.46 This requirement is implicit in several human rights treaties protecting respect for
privacy, human dignity and the integrity of the person, as well as protecting against violence
against women and girls.
26. Figures provided in WHO publications give useful guidance as to what is meant by the
requirement of a reasonable distance and highlight the correlation between physical access and
the requirement of a sufficient quantity of safe drinking water to fulfil personal and domestic
43
The poor and marginalized - notably women, children, minority groups, indigenous peoples,
refugees, asylum-seekers, internally displaced persons (IDPs), migrant workers, prisoners,
detainees, informal settlers and those living in rural and deprived areas - usually bear the brunt of
a lack of access to safe drinking water and sanitation.
44
This link between access to safe drinking water by indigenous peoples and protection of their
natural water resources has been highlighted in contributions received by indigenous groups as
part of the consultation process OHCHR carried out in relation to the study.
45
See E/CN.4/Sub.2/2005/25, para. 12 (c) (i) and 37 (c).
46
See E/CN.4/Sub.2/2005/25, para. 37.
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