A/HRC/39/55
still die from poor water quality and sanitation-related diseases than from direct violence in
many conflict-affected countries.6
8.
Participants in the World Humanitarian Summit, held in May 2016, affirmed that
forced displacement is not only a humanitarian challenge, but also a political, development
and human rights one (A/71/353, para. 23). It directly affects the enjoyment of the human
rights to water and sanitation both of forcibly displaced persons and of the communities
that host them. When relying on humanitarian assistance, people tend to be seen as
“victims”, “beneficiaries” or “recipients”; persons in need of humanitarian assistance
should, however, be recognized as rights holders.
9.
The human rights to water and sanitation derive from the right to an adequate
standard of living, which is protected under, inter alia, article 25 of the Universal
Declaration of Human Rights and article 11 of the International Covenant on Economic,
Social and Cultural Rights. Furthermore, the General Assembly and the Human Rights
Council have explicitly recognized the human rights to water and sanitation as two distinct
but interrelated human rights. The human right to safe drinking water entitles everyone,
without discrimination, to have access to sufficient, safe, acceptable, physically accessible
and affordable water for personal and domestic use. 7 The human right to sanitation entitles
everyone, without discrimination, to have physical and affordable access to sanitation, in all
spheres of life, that is safe, hygienic, secure, socially and culturally acceptable and that
provides privacy and ensures dignity.
10.
International human rights law, which applies at all times, and international
humanitarian law, which applies to armed conflict, provide complementary and mutually
reinforcing protection of the human rights to water and sanitation. 8 In its general comment
No. 15 (2002) on the rights to water, the Committee on Economic, Social and Cultural
Rights confirmed that the International Covenant on Economic, Social and Cultural Rights
and the human rights to water and sanitation apply even in times of armed conflict, natural
disasters or other emergency situations. States therefore have an obligation to provide water
and sanitation services to forcibly displaced persons who do not have sufficient means,
whether they are staying in camps, informal settlements, detention centres, or urban or rural
areas. As State capacity may be limited in such situations, international organizations, nongovernmental organizations, funders and other humanitarian organizations can play a key
role in providing assistance. Such organizations also should respect, protect and facilitate
the human rights to water and sanitation in the services they provide (A/71/302, para. 13;
A/72/127, paras. 14–19). They should give priority to the most vulnerable or marginalized
groups of the population when providing humanitarian aid, including in the provision and
management of water and sanitation services.9
11.
Pursuant to international human rights law, forcibly displaced persons in transit or at
destinations should be guaranteed access to water and sanitation on the same conditions as
granted to nationals of the States concerned, regardless of their legal status and
documentation.10 Differential treatment on grounds of nationality or legal status is
prohibited unless it is in accordance with the law, pursues a legitimate aim and remains
proportionate to the aim pursued.
6
7
8
9
10
4
United Nations Children’s Fund (UNICEF), “UNICEF seeks $3.6 billion in emergency assistance for
48 million children caught up in catastrophic humanitarian crises”, press release, 30 January 2018.
See Committee on Economic, Social and Cultural Rights, general comment No. 15 (2002) on the right
to water. See also General Assembly resolution 70/169 and Human Rights Council resolution 33/10.
United Nations, International Legal Protection of Human Rights in Armed Conflict, Office of the
United Nations High Commissioner for Human Rights (OHCHR), New York and Geneva, 2011.
Committee on Economic, Social and Cultural Rights, general comment No. 15 (2002) on the right to
water, para. 60.
See ibid., para. 16 (f); E/C.12/2017/1, para. 3; and Committee on Economic, Social and Cultural
Rights, general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights,
para. 30.
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