A/HRC/12/24
page 20
59. After evaluating the current state of international law as well as evolving practice at the
national and regional levels, the independent expert notes, at this point, that there is an ongoing
discussion about sanitation as a distinct right. She sees that there is momentum behind this issue,
and recent developments in human rights law concerning sanitation suggest a trend towards
recognition of such a distinct right. Convinced that there are unique aspects to sanitation that
evoke the inherent dignity of all human beings and which make it impossible to address
satisfactorily through other human rights, the independent expert supports and encourages
developments in line with this trend.
VI. HUMAN RIGHTS OBLIGATIONS RELATED TO SANITATION
60. Whether one accepts arguments that sanitation should be considered as a distinct human
right, it is indisputable that there are human rights obligations related to access to sanitation,
because sanitation is inextricably linked to the enjoyment of so many other human rights.86
61. The human rights obligations related to sanitation described in this section are based on the
preceding legal analysis of the status of sanitation under international law. The independent
expert has identified these human rights obligations specifically to highlight how human rights
obligations apply in the context of sanitation. However, the roots of these obligations lie in
well-recognized human rights obligations associated with the rights outlined above, which
cannot be fully realized without specific attention to sanitation.
A. Defining sanitation in human rights terms
62. Understanding the human rights obligations related to sanitation requires a working
definition of sanitation in human rights terms. This definition is drawn from elements related to
sanitation as addressed under international human rights law. The independent expert considers
that this definition may evolve as the understanding of the human rights obligations related to
sanitation continues to develop.
63. The independent expert is of the view that sanitation can be defined as a system for the
collection, transport, treatment and disposal or reuse of human excreta and associated hygiene.87
86
A/HRC/RES/7/22 emphasizes “that international human rights law instruments, including the
International Covenant on Economic, Social and Cultural Rights, the Convention on the
Elimination of All Forms of Discrimination against Women and the Convention on the Rights of
the Child entail obligations in relation to access to safe drinking water and sanitation”.
87
The independent expert considers that domestic wastewater, which flows from toilets, sinks
and showers, is included in this description of sanitation insofar as water regularly contains
human excreta and the by-products of the associated hygiene. The independent expert further
recognizes that, in some places, existing solutions for human excreta management make it
inseparable from solid waste management.
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