A/HRC/12/24
page 13
36. At the regional level, the Abuja Declaration, adopted by 45 African and 12 South
American States at the 1st Africa-South America Summit in 2006, commits to promoting “the
right of our citizens to have access to clean and safe water and sanitation within our respective
jurisdictions”.44 The “Message from Beppu” adopted by 37 States from the wider Asia-Pacific
region at the 1st Asia-Pacific Water Summit held in Beppu, Japan, in December 2007 recognizes
“the people’s right to safe drinking water and basic sanitation as a basic human right and a
fundamental aspect of human security”.45 Similarly, the Delhi Declaration, adopted by eight
South Asian States at the 3rd South Asian Conference on Sanitation (SACOSAN III) held in
Delhi, in November 2008 recognizes “that access to sanitation and safe drinking water is a basic
right, and according national priority to sanitation is imperative”.46
37. At the national level, the Constitutions of Bolivia and Uruguay recognize the right to water
and sanitation, as does legislation in Algeria, Paraguay, and South Africa. In Argentina, a court
ordered a municipality to adopt all necessary measures to improve the functioning of the sewage
treatment plant and minimize the effects on the environment where untreated wastewater was
contaminating the drinking water of the community of Chacras de la Merced.47
F. The right to work and the right to just and favourable working conditions
38. The right to work can also be negatively affected by lack of access to sanitation.
Workplaces which do not provide sanitation facilities, which have prohibitively long waiting
times for the use of facilities, or where employees are pressured not to interrupt work for toilet
breaks, may prevent employees from keeping their jobs, or raise serious concerns about their
right to work in safe and healthy working conditions. Women are particularly affected, especially
during menstruation and pregnancy.
39. In its general comment No. 14 on the right to the highest attainable standard of health, the
Committee on Economic, Social and Cultural Rights specifies that, with regard to the right to
healthy natural and workplace environments, “‘the improvement of all aspects of environmental
and industrial hygiene’ (art. 12.2 (b)) comprises, inter alia … the requirement to ensure an
adequate supply of safe and potable water and basic sanitation … [and it embraces] safe and
hygienic working conditions”.48
44
See http://www.africa-union.org/root/AU/Conferences/Past/2006/November/
SummitASA/summit.htm.
45
Available at http://www.apwf.org/project/result.html.
46
Available at http://www.ddws.nic.in/infosacosan/ppt/Delhi%20Declaration%207.pdf.
47
Primera Instancia y 8 Nominación en lo Civil y Comercial, Ciudad de Córdoba, Argentina,
Marchisio José Bautista y Otros, Acción de Amparo (Expte. No. 500003/36), 19 October 2004
(referring explicitly to general comment No. 15 on the right to water).
48
E/C.12/2000/4, para. 15.
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