A/HRC/45/11
limited in that they focused on formal households, workplaces and institutions, leaving a
gap in access to water and sanitation beyond those spheres, particularly public spaces.
60.
At the national level, the focus of water and sanitation policies mainly addresses
improving access at the household level, leaving the importance of access to water and
sanitation in many spheres beyond the household largely unrecognized. However, during
his official visits, the Special Rapporteur encountered numerous individuals, groups and
communities whose need for access to water and sanitation extended beyond the household
and whose lives were negatively affected when such access was inadequate. In light of the
clear need for people to access water and sanitation beyond the domestic sphere and in
consideration of the obligations of States to respect, protect and fulfil the human rights to
water and sanitation for all people, ignoring those needs can result in a human rights gap.
Accordingly, in his report, the Special Rapporteur clarified the vital need for greater
consideration of spheres of life beyond the household.
61.
Access to water and sanitation in many spheres of life beyond the household is an
essential element of the enjoyment of the human rights to water and sanitation. However,
there is often evident neglect of the provision and promotion of these vital services in such
places. Domestic legislation and policy regarding water and sanitation are, more often than
not, focused only on improving access at the household level, while spheres beyond the
household are rarely on the radar of national or local governments, service providers or
regulators. As a result, potential violations of human rights occur frequently and
disproportionately affect persons who live in vulnerable situations, such as persons in
situations of homelessness. In such cases, the violations of the rights to water and sanitation
result in the violation of several other related rights. The failure of States to include access
to water and sanitation in public spaces and in other spheres of life beyond the household
within their policy and planning is also inconsistent with the commitment they have made
to the Sustainable Development Goals. Public spaces, as zones accessible to all, are
lifelines for numerous people and, accordingly, must be given due recognition in the water
and sanitation policies of States. That requires concerted action from national and local
governments, service providers and regulators in breaking down barriers to access and
clearly identifying the roles and responsibilities of all actors involved in provision.
2.
Progress since 2010
62.
Although the obligations of States to respect, protect and fulfil the human rights to
water and sanitation extend to all persons without discrimination, national policy and
practice regarding the progressive realization of those rights has had a tendency to be
limited, wholly or mostly, to the implementation of projects aimed at improving access
within formal households. The assessment of progress made since 2010 focuses on the
addressing of this gap, namely, whether specific measures exist, such as national policies,
plans, and implementation strategies and guidelines, that specifically include water and
sanitation in spheres of life beyond the household, and particularly in public space.
63.
While the submissions received did not specify any concrete measures taken to
include water and sanitation in public spaces, guidelines and recommendations on how to
provide water and sanitation services in public spaces do exist. For example, WaterAid has
developed a set of technical guidelines targeted towards local authorities and service
providers for designing, constructing and maintaining institutional and public toilets (for
example, in markets, train and bus stations, parks, religious sites and areas people in
situations of homelessness visit). Furthermore, a guide on female-friendly public and
community toilets, also developed by WaterAid, 70 describes and illustrates the essential
(and desirable) features that make public toilets female-friendly.
VI. Concluding remarks
64.
During his tenure as mandate holder, the Special Rapporteur aimed to provide
a thorough analysis of key themes, principles and practices that could serve as a basis
for establishing an effective dialogue with multiple stakeholders on essential issues
70
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Submission from WaterAid.
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