A/HRC/21/42
82.
In line with the above, the Special Rapporteur offers the following
recommendations:
(a)
States must tackle the practice of stigmatization in their strategies for
fully realizing the rights to water and sanitation, in the elaboration and
implementation of national plans of action for water and sanitation and in financing
water and sanitation sectors;
(b)
In order to better understand this phenomenon, States must undertake a
comprehensive study on stigma, through a widely participatory process, to identify
stigmatized populations, as well as to analyse the drivers of stigma in relation to the
realization of the human rights to water and sanitation. This process should be based
on the experience of people who face stigmatization, giving them space for articulation
and empowering them to claim their human rights;
(c)
Such study and its findings should, in particular:
(i)
Serve as the basis for the adoption of new legislation and policies or the
revision or amendment of existing legislation and policies which may not
expressly address stigma as one of the key obstacles to exercising the rights to
water and sanitation by individuals or specific population groups. Where
legislation and policies reflect stigmatizing attitudes, institutionalizing and
formalizing stigma, they must be repealed;
(ii)
Be widely disseminated, including with the purpose of increasing
awareness about the pervasive impact of stigma in the exercise of the rights to
water and sanitation. States and other stakeholders should adopt broad-based
awareness-raising and advocacy campaigns to ensure the visibility of the
situation of individuals or groups of individuals facing stigma;
(iii) Serve as a basis for challenging stereotypes. Based on the findings, States
should start tackling stigma within the State institutions and adopt public
campaigns. They should focus on school interventions, and target stereotypes
and harmful practices that find a formal “justification” under the umbrella of
culture, law or tradition;
(iv) Serve as the basis for the design of specific policies and programmes, the
allocation of financial and human resources, targeted evidence-based measures
and, where needed, temporary special measures for groups and individuals
facing stigma in relation to the rights to water and sanitation;
(v)
Provide guidance in the prioritization of measures taken in the
realization of the human rights to water and sanitation. As stigmatized
individuals are often among the most marginalized and lack access to basic
levels of services, States must target them with priority. States should earmark
resources in the national and municipal budgets for this purpose;
(vi) Be systematically included in periodic reports to treaty body monitoring
mechanisms and to the universal periodic review. Regional human rights
mechanisms should also receive information on a regular basis on stigma
preventing the full enjoyment of the rights to water and sanitation;
(d)
National human rights institutions, as well as civil society organizations,
should explicitly address stigma as part of their work, empowering stigmatized
individuals to claim their rights and supporting States to address stigma as part of
their human rights obligations;
(e)
States must put in place accountability mechanisms and ensure access to
justice where stigmatization results in human rights violations. Mechanisms must be
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