A/HRC/12/24 page 21 States must ensure without discrimination that everyone has physical and economic access to sanitation, in all spheres of life,88 which is safe, hygienic, secure, socially and culturally acceptable, provides privacy and ensures dignity. 64. States are obliged to respect, protect and fulfil human rights as they relate to sanitation. More concretely, States must, inter alia: • Refrain from measures which threaten or deny individuals or communities existing access to sanitation. States must also ensure that the management of human excreta does not negatively impact on human rights. • Ensure that non-State actors89 act in accordance with human rights obligations related to sanitation, including through the adoption of legislative and other measures to prevent the negative impact of non-State actors on the enjoyment of sanitation. When sanitation services are operated by a private provider, the State must establish an effective regulatory framework. • Take steps, applying the maximum of available resources, to the progressive realization of economic, social and cultural rights as they relate to sanitation. States must move as expeditiously and effectively as possible towards ensuring access to safe, affordable and acceptable sanitation for all, which provides privacy and dignity. This requires deliberate, concrete and targeted steps towards full realization, in particular with a view to creating an enabling environment for people to realize their rights related to sanitation. Hygiene promotion and education is a critical part of this obligation. • Carefully consider and justify any retrogressive measures related to the human rights obligations regarding sanitation. • Take the necessary measures directed towards the full realization of economic, social and cultural rights as they relate to sanitation, inter alia, by according sufficient recognition of human rights obligations related to sanitation in the national political and legal systems, and by immediately developing and adopting a national sanitation strategy and plan of action. • Provide effective judicial or other appropriate remedies at both the national and international levels in cases of violations of human rights obligations related to sanitation. Victims of violations should be entitled to adequate reparation, including restitution, compensation, satisfaction and/or guarantees of non-repetition. 88 Including, inter alia, the home, public buildings and places, the workplace, schools, hospitals, refugee and IDP camps, prisons and detention centres. 89 Including private individuals, private enterprises, civil society organizations, and any other entity which is not an agent of the State.

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