A/HRC/27/55
particularly in relation to the obligation to progressively realize the rights to water
and sanitation, to avoid retrogressive measures and to achieve substantive equality,
has lagged behind in comparison with access to justice for violations linked to the
obligations to respect and to protect. Violations related to inequalities experienced by
certain groups, such as people living in poverty, informal settlements, or rural and
remote communities, or homeless people, have remained largely unchallenged in
courts, despite their severity.
81.
Furthermore, violations of the right to sanitation in general have not received
the attention they deserve. Victims of violations of the right to sanitation are among
the most stigmatized and marginalized in society, and there remain taboos preventing
an open discussion about the indignities linked to unhygienic conditions. The Special
Rapporteur encourages all actors to frame violations related to water and sanitation
more explicitly as violations of the human rights to water and sanitation, in order to
draw attention to the particularities of such violations and the deprivation and
indignity they often cause.
82.
To emphasize a comprehensive understanding of violations of the human rights
to water and sanitation resulting from failure to meet any human rights obligation,
the Special Rapporteur stresses that:
(a)
Violations may result from action or failure to act;
(b)
Violations may be deliberate and intentional or they may be unintended
consequences of policies, programmes and other measures;
(c)
Violations may relate to failures to provide minimum essential levels or
from failures to progressively realize human rights commensurate with maximum
available resources;
(d)
Violations may result from retrogressive measures or from failures to
make reasonable progress;
(e)
Violations may result from immediate deprivations or from failures to
implement comprehensive plans and strategies to ensure full realization of rights in
the long term;
(f)
nature;
Violations may be of an individual or of a structural and systemic
(g)
Violations may result from direct action by the State or from the failure
to regulate non-State actors;
(h)
Violations of the right to non-discrimination may result from de jure or
de facto discrimination;
(i)
Violations of the obligation to achieve substantive equality may result
from the failure to take positive measures necessary to address pre-existing inequality
or to provide reasonable accommodation;
(j)
Violations may result from the failure to meet substantive or procedural
obligations such as ensuring participation;
(k)
Violations may occur as a result of State conduct that has effects within a
State’s territory, or extraterritorially;
(l)
Violations may result from failure to ensure access to remedies.
83.
The Special Rapporteur therefore focuses her recommendations on how to
more effectively ensure that violations are identified, prevented and remedied, with an
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