A/HRC/12/24
page 18
Political Rights further provides for equal protection under the law, including “effective
protection against discrimination”. The treaty bodies have raised the issue of sanitation in the
context of discussions on discriminatory treatment in their dialogues with States parties. For
example, they have expressed concern about sanitation for Roma people,73 Dalits,74 refugees and
asylum-seekers,75 indigenous peoples,76 religious minorities,77 and migrants.78 The Special
Rapporteur on torture has also specifically addressed sanitation with regard to persons with
disabilities.79
V. SANITATION AS A DISTINCT RIGHT
55. The above analysis demonstrates that access to sanitation is indispensable, and has been
recognized as such under international law, both by States and experts, for the enjoyment of
numerous human rights.80 However, it does not provide a complete picture of the human rights
dimensions of sanitation. Sanitation is not just about health, housing, education, work, gender
equality, and the ability to survive. Sanitation, more than many other human rights issue, evokes
the concept of human dignity; consider the vulnerability and shame that so many people
experience every day when, again, they are forced to defecate in the open, in a bucket or a plastic
bag. It is the indignity of this situation that causes the embarrassment. The Supreme Court of
India eloquently described the indignity of lack of access to sanitation where the Court found
that the failure of the municipality to provide basic public conveniences was driving “the
miserable slum-dwellers to ease in the streets, on the sly for a time, and openly thereafter,
because under Nature’s pressure, bashfulness becomes a luxury and dignity a difficult art”.81 It is
such infringements on the very core of human dignity that are not wholly captured by
considering sanitation only as it relates to other human rights.
73
E/C.12/HUN/CO/3 (Hungary), para. 48; E/C.12/1/Add.97 (Greece), para. 44;
E/C.12/1/Add.108 (Serbia and Montenegro), para. 57; and E/C.12/MKD/CO/1 (the former
Yugoslav Republic of Macedonia), para. 43.
74
CEDAW/C/IND/CO/3 (India), para. 29.
75
E/C.12/UKR/CO/5 (Ukraine), para. 49; and CRC/C/15/Add.246 (Angola), para. 59.
76
CERD/C/VEN/CO/18 (Venezuela), para. 17; CEDAW/C/PHI/CO/6 (Philippines),
paras. 29-30; CRC/C/15/Add.233 (Panama), para. 64; and CRC/C/KEN/CO/2 (Kenya), para. 69.
77
CEDAW/C/PHI/CO/6 (Philippines), paras. 29-30.
78
CERD/C/DOM/CO/12 (Dominican Republic), para. 18.
79
A/63/175, paras. 53 and 66.
80
For a full legal analysis of sanitation and human rights, see
http://www2.ohchr.org/english/issues/water/iexpert/docs/table_legal_standards.htm.
81
Supreme Court of India, Municipal Council, Ratlam v. Shri Vardhichand and
Others, 29 July 1980, (1981) SCR (1) 97.
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