A/HRC/10/6
page 3
Introduction
1.
In its decision 2/104 on human rights and access to water, the Human Rights Council
requested “the Office of the United Nations High Commissioner for Human Rights, taking into
account the views of States and other stakeholders, to conduct, within existing resources, a
detailed study on the scope and content of the relevant human rights obligations related to
equitable access to safe drinking water and sanitation under international human rights
instruments, which includes relevant conclusions and recommendations thereon, to be submitted
prior to the sixth session of the Council”.
2.
As part of the consultation process, the Office of the United Nations High Commissioner
for Human Rights (OHCHR) sought written submissions from various stakeholders. Over
90 responses were received from States, intergovernmental organizations, local governments,
national human rights institutions (NHRIs), non-governmental organizations (NGOs), the
business sector, universities and individuals. These contributions included responses to the
OHCHR questionnaire, along with publications, articles and books. The United Nations
High Commissioner for Human Rights presented the study (A/HRC/6/3) to the Human Rights
Council at its sixth session in September 2007.
3.
In the study, the former High Commissioner expressed her belief “that it is now time to
consider access to safe drinking water and sanitation as a human right, defined as the right to
equal and non-discriminatory access to a sufficient amount of safe drinking water for personal
and domestic uses - drinking, personal sanitation, washing of clothes, food preparation and
personal and household hygiene - to sustain life and health”.1 The High Commissioner also
declared that “States should prioritize these personal and domestic uses over other water uses
and should take steps to ensure that this sufficient amount is of good quality, affordable for all
and can be collected within a reasonable distance from a person’s home.”2
4.
The High Commissioner also noted that, inter alia, “detailed practical advice is required
on: the normative content of human rights obligations in relation to access to sanitation; the
human rights obligations attached to the elaboration of a national strategy on water and
sanitation; the regulation of the private sector in the context of private provision of safe drinking
water and sanitation; criteria to protect the right to safe drinking water and sanitation in case of
disconnection; and the specific obligations of local authorities”.3 The study also called for
continued debate on several issues, including “whether access to safe drinking water and
sanitation is a self-standing right or is derived from other human rights; the prioritization among
various water uses; interaction with other areas of international law, including trade and
investment law”.4
1
A/HRC/6/3, para. 66.
2
Ibid.
3
Ibid., para. 67.
4
Ibid., para. 68.
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