A/HRC/12/24
page 9
21. The Special Rapporteur on the right to adequate housing has emphasized that “full
realization of the right to adequate housing is closely interlinked with and contingent
upon fulfilment of other rights and services, including access to safe drinking water and
sanitation”.22
22. At the regional level, the European Committee of Social Rights has consistently held in its
conclusions on State reports23 that, for the purpose of article 31 of the European Social Charter
guaranteeing the right to housing, “adequate housing” is a dwelling which, inter alia, is safe from
a sanitary and health point of view. The Committee has further explained that this is the case “if
it possesses all basic amenities, such as water, heating, waste disposal; sanitation
facilities; electricity etc.”. The Committee has also dealt with lack of sanitation under social,
economic and legal protection for vulnerable families. For instance, in its conclusions
concerning one State, the Committee noted that “the housing situation of many Roma
communities remains serious, since numerous dwellings lack basic facilities, e.g. water,
sanitation and electricity”.24
C. The right to health
23. The links between access to sanitation and health are well documented. WHO estimates
that 88 per cent of diarrhoeal disease is caused by unsafe water and sanitation,25 leading to the
death of about 1.8 million people annually. Where people have no or limited access to sanitation,
they can also develop kidney and liver problems, and constipation, as well as
psychological trauma. Furthermore, if hospitals do not have sex-segregated toilets, women will
not seek treatment there, both because of the lack of toilets, and the lack of women doctors
working there.
24. International treaties also specifically recognize the link between sanitation and the right
to health. For example, article 12 of the International Covenant on Economic, Social and
Cultural Rights, recognizing the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health, provides that States should take steps for “the
improvement of all aspects of environmental and industrial hygiene”. In addition, in its
general comment No. 14 (2000) on the right to the highest attainable standard of health, the
Committee on Economic, Social and Cultural Rights explained that the right to health is “an
inclusive right extending not only to timely and appropriate health care but also to the underlying
22
E/CN.4/2002/59, para. 56.
23
See conclusions on Lithuania (c-2005-en1, sect. 163/165). The Committee applied the same
definition in its conclusions on Norway (c-2005-en2, sect. 76/140); France (c-2003-en1,
sect. 95/163); and Italy (c-2003-en1, sect. 158/163).
24
Conclusions on the Slovak Republic XVIII-1 (2006).
25
See the WHO report, “Water, sanitation and hygiene links to health: facts and figures (2004).
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