A/HRC/21/42
rights will be explored in more depth, as they show close links to the way stigma is
manifested in relation to water and sanitation.
A.
Human dignity
44.
Human dignity is the foundation of all human rights. The International Covenants on
Human Rights proclaim that the rights enshrined therein derive from the inherent dignity of
the human person. Human dignity is an intrinsic and universal quality of the human person.
Behaviour and activities that violate human dignity can include activities or statements that
―demean and humiliate individuals or groups because of their origins, status or beliefs‖, as
well as negative stereotyping that implies that members of a particular group are inferior. 24
Stigma is, by its demeaning and degrading nature, antithetical to the very idea of human
dignity. Stigma as a process of devaluation, of making some people ―lesser‖ and others
―greater‖, is inconsistent with human dignity, which is premised on notions of the inherent
equality and worthiness of the human person. It undermines human dignity, thereby laying
the groundwork for violations of human rights. Human dignity is closely linked to the
realization of the human rights to water and sanitation, and to various related rights such as
non-discrimination, the right to be free from inhuman or degrading treatment, and the right
to privacy.
B.
Human rights to water and sanitation
45.
The human rights to water and sanitation are guaranteed under international law.
They are components of the right to an adequate standard of living guaranteed in article 11,
paragraph 1, of the International Covenant on Economic, Social and Cultural Rights, as
well as in many other human rights treaties. Moreover, water and sanitation are inextricably
linked to a range of other human rights, including the rights to life, to health and to housing.
The human rights to water and sanitation have been reaffirmed through explicit recognition
by the General Assembly25 and the Human Rights Council.26
46.
States are obliged to progressively realize the human rights to water and sanitation,
meaning that they must move as expeditiously and effectively as possible towards the goal
of full realization. They must undertake deliberate, concrete and targeted steps and must
devote the maximum available resources to the realization of human rights. 27
47.
States must respect, protect and fulfil the human rights to water and sanitation. They
must not only refrain from interfering with these human rights, but also protect individuals
against interference by private parties. States, for instance, have positive obligations to take
appropriate measures to ensure that persons from stigmatized groups are not excluded from
access to wells or facilities. The obligation to fulfil does not generally require States to
provide services directly, instead States must create an enabling environment for the
realization of these rights. However, when people do not have the means to provide for
themselves, the State is required to provide access to water and sanitation services, for
instance by ensuring that homeless persons have access to public facilities, or that prisons
are adequately equipped with sanitation facilities. The measures required to fully realize the
24
25
26
27
12
Oscar Schachter, ―Human dignity as a normative concept‖, American Journal of International Law,
vol. 77, No. 4 (1983), p. 852.
See resolution 64/292.
See resolution 15/9.
Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on the nature of
States parties obligations, paras. 2 and 10.
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