A/HRC/21/42
I. Introduction
1.
The present report is submitted by the Special Rapporteur on the human right to safe
drinking water and sanitation in accordance with Human Rights Council resolution 16/2. It
is focused on the links between stigma and the human rights framework as it relates to
water and sanitation.
2.
The Special Rapporteur has repeatedly encountered incidences of lack of access to
water and sanitation, where people in particular groups are systematically neglected
compared to the rest of society. Those in power appear to be indifferent to their problems,
or in the worst case, to be under pressure from society as a whole not to take any measures
to improve service provision. Decision makers at times deploy stigma to ―justify‖ their lack
of political will to provide access to services for the marginalized, favouring policies that
are popular in the broader society. The Special Rapporteur has been confronted with
reluctance by decision makers to take action to overcome such neglect or exclusion,
prompting her to examine these situations systematically.
3.
The Special Rapporteur has found that stigma, as a deeply entrenched sociocultural
phenomenon, lies at the root of many human rights violations, resulting in entire population
groups being disadvantaged. It is so engrained that marked cases of human rights violations
are perceived as ―acceptable‖. The Special Rapporteur seeks to shed light on the impact of
stigma as the cause of neglect and exclusion in the enjoyment of the rights to water and
sanitation and to explore recommendations for policymaking and appropriate solutions to
address, prevent and respond to such human rights violations.
4.
Stigma and discrimination are closely interrelated; they reinforce and legitimize
each other. Stigma often lies at the root of discrimination; it is an antecedent to and a
rationale for discrimination. It provides a ―justification‖, so that discrimination is seen as
natural, necessary and desirable. Stigma plays an insidious role in making systemic
discrimination possible. The Committee on Economic, Social and Cultural Rights has
found that ―discrimination against some groups is pervasive and persistent and deeply
entrenched in social behaviour and organization‖.1
5.
Stigma gives rise not only to discrimination, but also to a range of other human
rights violations, both of economic, social and cultural rights as well as civil and political
rights, underscoring the indivisibility of all human rights. Where people are excluded from
the use of facilities, where they find themselves unable to access public toilets and have no
alternatives, or where people are threatened with violence and fear for their physical and
mental integrity, this may result in violations of the human rights to water and sanitation
and other related rights, inter alia, the prohibition of inhuman and degrading treatment or
the right to privacy.
6.
Identifying human rights violations as rooted in stigma demands an exploration of
the origins of discrimination and other human rights violations. To start, speaking openly
about what seems ―unmentionable‖ can act as an eye-opener, precisely because stigma is
instrumental in propagating silence and imposing a culture of invisibility and shame,
allowing human rights violations to continue unabated and with impunity.
7.
The Special Rapporteur is aware that carelessly reporting attributes assigned to
individuals and groups may, in fact, unintentionally further entrench the stigma wielded
against them. To mitigate this risk, she uses quotation marks whenever she refers to such
1
General comment No. 20 (2009) on non-discrimination in economic, social and cultural rights,
para. 12.
3
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