A/HRC/12/24
page 21
States must ensure without discrimination that everyone has physical and economic access to
sanitation, in all spheres of life,88 which is safe, hygienic, secure, socially and culturally
acceptable, provides privacy and ensures dignity.
64. States are obliged to respect, protect and fulfil human rights as they relate to sanitation.
More concretely, States must, inter alia:
• Refrain from measures which threaten or deny individuals or communities existing
access to sanitation. States must also ensure that the management of human excreta does
not negatively impact on human rights.
• Ensure that non-State actors89 act in accordance with human rights obligations related to
sanitation, including through the adoption of legislative and other measures to prevent
the negative impact of non-State actors on the enjoyment of sanitation. When sanitation
services are operated by a private provider, the State must establish an effective
regulatory framework.
• Take steps, applying the maximum of available resources, to the progressive realization
of economic, social and cultural rights as they relate to sanitation. States must move as
expeditiously and effectively as possible towards ensuring access to safe, affordable and
acceptable sanitation for all, which provides privacy and dignity. This requires
deliberate, concrete and targeted steps towards full realization, in particular with a view
to creating an enabling environment for people to realize their rights related to
sanitation. Hygiene promotion and education is a critical part of this obligation.
• Carefully consider and justify any retrogressive measures related to the human rights
obligations regarding sanitation.
• Take the necessary measures directed towards the full realization of economic, social
and cultural rights as they relate to sanitation, inter alia, by according sufficient
recognition of human rights obligations related to sanitation in the national political and
legal systems, and by immediately developing and adopting a national sanitation
strategy and plan of action.
• Provide effective judicial or other appropriate remedies at both the national and
international levels in cases of violations of human rights obligations related to
sanitation. Victims of violations should be entitled to adequate reparation, including
restitution, compensation, satisfaction and/or guarantees of non-repetition.
88
Including, inter alia, the home, public buildings and places, the workplace, schools, hospitals,
refugee and IDP camps, prisons and detention centres.
89
Including private individuals, private enterprises, civil society organizations, and any other
entity which is not an agent of the State.
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