A/HRC/45/11
II. Background
A.
Recognition of the human rights to water and sanitation
5.
The adoption of General Assembly resolution 64/292 in July 2010 represented a
growing understanding that the human rights to water and sanitation are derived from and
inextricably linked to the right to an adequate standard of living, the right to health and the
right to life. In the International Covenant on Economic, Social and Cultural Rights the
rights to water and sanitation were not explicitly recognized as human rights. However, in
2002, the Committee on Economic, Social and Cultural Rights adopted general comment
No. 15, in which it states that the right to water clearly falls within the category of
guarantees essential for securing an adequate standard of living, particularly since it is one
of the most fundamental conditions for survival (para. 3), and reiterates that water is a
human right contained in article 11 (1) of the International Covenant on Economic, Social
and Cultural Rights. The International Covenant on Civil and Political Rights also does not
explicitly mention the human rights to water and sanitation. However, its monitoring body,
the Human Rights Committee, clarified that the duty to protect life also implied that States
parties should take appropriate measures to address the general conditions in society that
might give rise to direct threats to life or prevent individuals from enjoying their right to
life with dignity. 7 The Committee also noted that the measures called for to address
adequate conditions for protecting the right to life included essential goods and services
such as water.8
6.
Further, the adoption of the General Assembly resolution 64/292 signifies an
important step as the first international instrument that recognized the right to safe and
clean drinking water and sanitation as a human right that is essential for the full enjoyment
of life and all human rights. That landmark resolution paved the way for subsequent actions
by the international community, including Human Rights Council resolution 15/9, adopted
in September 2010, in which the Council affirmed that recognition. Five years later, the
Assembly, in its resolution 70/169, recognized the human right to safe drinking water and
the human right to sanitation as two distinctive rights, which had distinct features which
warranted their separate treatment in order to address specific challenges in their
implementation.
7.
The present report is aimed at highlighting specific cases of how certain aspects of
those rights have been implemented in practice since the General Assembly and the Human
Rights Council explicitly recognized safe drinking water and sanitation as a human right in
2010. The underlying background is that the realization of the human rights to water and
sanitation is progressive. It would be simplistic to categorize an example as a “good
practice”, since all practices have room to improve and to go even further to progressively
realize the human rights to water and sanitation.
B.
Celebrating 10 years of the human rights to water and sanitation
8.
The year 2020 marks the tenth year since the General Assembly recognized safe
drinking water and sanitation as human rights. To celebrate, in 2020, the Special
Rapporteur organized a year-long campaign, with each month focused on different themes. 9
He made available friendly versions of his thematic reports and the findings of the reports
in the form of shareable media, blog posts, quizzes, videos, children’s stories and online
challenges, among other forms. The year-long campaign is in line with the initial vision laid
out by the Special Rapporteur; in 2015, the Special Rapporteur indicated, in his first report,
his intention to establish communications tools and strategies aimed at reaching those who
were most in need and at raising awareness of the human rights to water and sanitation. 10
7
8
9
10
4
General comment No. 36 (2018) on the right to life, para. 26.
Ibid.
See www.ohchr.org/EN/Issues/WaterAndSanitation/SRWater/Pages/10Anniversary.aspx.
A/HRC/30/39/Add.1, para. 12.
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