A/HRC/39/55 II. Persons en route, in transit, at reception and in destination countries 12. When forcibly displaced persons are en route, in transit or at reception, they are vulnerable, because they require access to water and sanitation immediately and continuously in unfamiliar places. The actors that provide assistance to them are often multiple and changeable, from place of origin to destination and from national agencies to international and non-governmental organizations. 13. In response to the questionnaire of the Special Rapporteur, s several States explained that they applied the same national standard of water and sanitation to refugees, asylum seekers and migrants en route, as required by human rights law. Some States applied the Sphere standards, a set of minimum standards applicable in humanitarian responses. Although the Sphere standards are widely recognized and adopted, they are not a binding instrument. Except for certain situations in armed conflicts, there are no mandatory standards on access to water, sanitation and hygiene that humanitarian actors are required to follow in emergencies. 14. For such situations, the human rights framework does not provide quantitative guidance, which could be counterproductive given that requirements have to be assessed on a case-by-case basis. Human rights core obligations must, however, be applied as a legal basis for humanitarian assistance. During an emergency, immediate obligations of access to the minimum essential level of water and sanitation on a non-discriminatory basis apply. Human rights law prescribes a core obligation for the immediate realization of the minimum essential level of each right, without exception. The Committee on Economic, Social and Cultural Rights identified, in its general comment No. 15 (2002) on the right to water, these core obligations as ensuring safe and equal access to the minimum essential amount of water that is sufficient and safe for personal and domestic uses to prevent diseases, especially for disadvantaged or marginalized groups; adopting and implementing a national water strategy and plan of action addressing the whole population; monitoring the extent of the realization of the right to water; adopting relatively low-cost targeted water programmes to protect vulnerable and marginalized groups; and taking measures to prevent, treat and control diseases linked to water, in particular ensuring access to adequate sanitation. Even though the Committee does not make any explicit reference to the core obligation of the right to sanitation (which until recently was treated as an integral part of the right to water) the core obligation for the immediate realization of the right to sanitation can be assumed as what every person needs for health and survival, and to live in dignity. The core obligations reflect the actual practice of many States at the national level; what forcibly displaced persons actually require may be quite different, depending on the individuals concerned, cultural factors, locations or other specific factors. The human rights to water and sanitation can provide guidance on the extent to which and how the needs of forcibly displaced persons should be fulfilled. 15. In the present report, the Special Rapporteur examines the situation of access to water and sanitation by forcibly displaced persons from a human rights perspective, by applying the normative content of the human rights to water and sanitation (accessibility, quality, affordability, availability, acceptability, privacy and dignity) and the human rights principles of participation, equality and non-discrimination, sustainability, progressive realization and access to remedies. The primary intention of the Special Rapporteur is to put a human face on the issue of access to water and sanitation by forcibly displaced persons and to acknowledge them as rights holders. A. Persons en route, in transit and at reception 16. En route, many displaced persons are forced to travel in harsh conditions, such as heat or cold, without adequate protection or assistance. It is estimated that more than 5

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