A/HRC/12/24 page 20 59. After evaluating the current state of international law as well as evolving practice at the national and regional levels, the independent expert notes, at this point, that there is an ongoing discussion about sanitation as a distinct right. She sees that there is momentum behind this issue, and recent developments in human rights law concerning sanitation suggest a trend towards recognition of such a distinct right. Convinced that there are unique aspects to sanitation that evoke the inherent dignity of all human beings and which make it impossible to address satisfactorily through other human rights, the independent expert supports and encourages developments in line with this trend. VI. HUMAN RIGHTS OBLIGATIONS RELATED TO SANITATION 60. Whether one accepts arguments that sanitation should be considered as a distinct human right, it is indisputable that there are human rights obligations related to access to sanitation, because sanitation is inextricably linked to the enjoyment of so many other human rights.86 61. The human rights obligations related to sanitation described in this section are based on the preceding legal analysis of the status of sanitation under international law. The independent expert has identified these human rights obligations specifically to highlight how human rights obligations apply in the context of sanitation. However, the roots of these obligations lie in well-recognized human rights obligations associated with the rights outlined above, which cannot be fully realized without specific attention to sanitation. A. Defining sanitation in human rights terms 62. Understanding the human rights obligations related to sanitation requires a working definition of sanitation in human rights terms. This definition is drawn from elements related to sanitation as addressed under international human rights law. The independent expert considers that this definition may evolve as the understanding of the human rights obligations related to sanitation continues to develop. 63. The independent expert is of the view that sanitation can be defined as a system for the collection, transport, treatment and disposal or reuse of human excreta and associated hygiene.87 86 A/HRC/RES/7/22 emphasizes “that international human rights law instruments, including the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child entail obligations in relation to access to safe drinking water and sanitation”. 87 The independent expert considers that domestic wastewater, which flows from toilets, sinks and showers, is included in this description of sanitation insofar as water regularly contains human excreta and the by-products of the associated hygiene. The independent expert further recognizes that, in some places, existing solutions for human excreta management make it inseparable from solid waste management.

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