A/HRC/6/3 page 14 24. The principles of equality and non-discrimination require that no population group is excluded and that priority in allocating limited public resources is given to those who do not have access or who face discrimination in accessing safe drinking water and sanitation.43 In the case of indigenous peoples, guaranteeing their access to safe drinking water might require action to secure their customary arrangements for managing water and the protection of their natural water resources, as provided for under ILO Convention No. 169 of 1989 on Indigenous and Tribal Peoples.44 Priority should also be given to institutions serving vulnerable groups such as schools, hospitals, and refugee camps. 2. Physical access 25. A human rights approach to safe drinking water and sanitation underlines the importance of securing safe physical access to water and sanitation facilities. Access to safe drinking water and sanitation should be provided within or in close proximity to the home in a way that provides regular water and prevents excessive collection time.45 Accordingly, human rights obligations related to safe drinking water and sanitation do not require States to provide access in every house. However, water and sanitation facilities have to be in close proximity to each house, educational institution and workplace and must be within safe reach for all sectors of the population, taking into account the needs of particular groups, including persons with disabilities, children, the elderly and women. Securing access to safe drinking water in rural areas might require safeguarding access by domestic users to traditional water sources and protecting these sources from unsustainable extraction by industry or agriculture. CESCR general comment No. 15 and the Sub-Commission’s guidelines also stress that the physical security of individuals should not be threatened while accessing water and sanitation facilities and services.46 This requirement is implicit in several human rights treaties protecting respect for privacy, human dignity and the integrity of the person, as well as protecting against violence against women and girls. 26. Figures provided in WHO publications give useful guidance as to what is meant by the requirement of a reasonable distance and highlight the correlation between physical access and the requirement of a sufficient quantity of safe drinking water to fulfil personal and domestic 43 The poor and marginalized - notably women, children, minority groups, indigenous peoples, refugees, asylum-seekers, internally displaced persons (IDPs), migrant workers, prisoners, detainees, informal settlers and those living in rural and deprived areas - usually bear the brunt of a lack of access to safe drinking water and sanitation. 44 This link between access to safe drinking water by indigenous peoples and protection of their natural water resources has been highlighted in contributions received by indigenous groups as part of the consultation process OHCHR carried out in relation to the study. 45 See E/CN.4/Sub.2/2005/25, para. 12 (c) (i) and 37 (c). 46 See E/CN.4/Sub.2/2005/25, para. 37.

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