A/HRC/21/42
77.
Access to justice must not only be provided for in the law, but be ensured in
practice. States should ensure accountability mechanisms that are accessible, affordable,
timely and effective.50 Stigmatized individuals are often affected by a range of barriers in
accessing the courts and other mechanisms, including physical, economic or linguistic
barriers. States should take measures to ensure physical access to buildings, for instance for
persons with disabilities (see Convention on the Rights of Persons with Disabilities, art.
13), adopt legal aid schemes, and provide relevant information in local languages, among
other relevant measures.
VII. Conclusions and recommendations
78.
Stigma plays an insidious role in perpetuating, “justifying” and ultimately
creating impunity for human rights violations. It also serves to silence and erase
issues, and exclude individuals and communities from access to water and sanitation,
preventing some people from exercising their civil, cultural, economic, political and
social rights. Most often, stigmatized individuals are the ones whose lives and health
are placed directly in jeopardy by lack of access to water and sanitation.
79.
The human rights framework requires States to prioritize the most
marginalized, and to ensure their access to information, empowerment and effective
participation. States must identify challenges, duty bearers and solutions through
bottom-up local diagnostics, ensure accountability and tie any measures taken to
substantive human rights standards. This process is as essential in combating stigma
as the substantive parameters it hinges upon. The process of having the conversation,
of including people in the discussion, and finding solutions together, has the potential
to effect shifts in attitudes and behaviours and to lead to lasting and transformative
changes.
80.
Only by addressing stigma will States be able to fully realize the human rights
to water and sanitation, and ensure non-discrimination or the prohibition of inhuman
and degrading treatment. Comprehensive and holistic measures to prevent, address
and provide for redress in cases of stigma and punish the perpetrators where stigma
results in the violation of human rights are indispensable. States must refrain from
any activities that perpetuate and institutionalize stigma, and must protect individuals
from human rights abuses committed by third parties, including, for example, service
providers, the media, community members and family members, that are rooted in
stigma as a deeply entrenched sociocultural phenomenon. To that extent, States must
act with due diligence. They must go beyond enacting formal legal provisions and take
positive action to meet their obligations effectively and make a legitimate and
reasonable effort to prevent and combat stigma.
81.
Stigma must be addressed in its external and internalized dimensions in order
to combat it effectively. Information, participation and empowerment must be the
starting point of any measures to combat stigma. Many stigmatized groups are well
organized, make claims on their rights, and educate society at large. States and other
stakeholders should further empower stigmatized groups and individuals to claim
their rights and to confront and challenge stigma and the people who stigmatize them.
All relevant stakeholders, including individuals, communities, families, civil society
organizations, networks of stigmatized groups, the media and donors, among many
others, have responsibilities to combat stigma and should work together.
50
20
Committee on Economic, Social and Cultural Rights, general comment No. 9 (1998) on the domestic
application of the Covenant, para. 9.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents