A/HRC/12/24
page 22
65. States must realize their human rights obligations related to sanitation in a
non-discriminatory manner. They are obliged to pay special attention to groups particularly
vulnerable to exclusion and discrimination in relation to sanitation, including people living in
poverty, sanitation workers, women, children, elderly persons, people with disabilities, people
affected by health conditions, refugees and IDPs, and minority groups, among others. Priority
should be given to meeting the needs of these groups and, where necessary, positive measures
should be adopted to redress existing discrimination and to ensure their access to sanitation.
States are obliged to eliminate both de jure and de facto discrimination on grounds of race,
colour, sex, age, language, religion, political or other opinion, national or social origin, property,
birth, physical or mental disability, health status, or any other civil, political, social or other
status.
66. States are also obliged to ensure that concerned individuals and communities are informed
and have access to information about sanitation and hygiene and are enabled to participate in all
processes related to the planning, construction, maintenance and monitoring of sanitation
services. Full participation, including representatives of all concerned groups is key to ensuring
that sanitation solutions answer the actual needs of communities and are affordable, technically
feasible, and culturally acceptable. Participation is also crucial for achieving community
ownership and dedication in order to bring about the required behavioural changes. All people
must have full and equal access to information concerning sanitation and its effect on their health
and environment. Information should be made available through various media and should be
translated in all relevant languages and dialects to ensure the greatest possible circulation.
67. It is important to state clearly what is not required when considering sanitation in human
rights terms:
• States are not obliged to provide everyone with access to a sewerage system. Human
rights law does not aim to dictate specific technology options, but instead calls for
context-specific solutions.
• States are not obliged to provide individual facilities in every home. This will also
depend on the context - sometimes a safe and otherwise adequate facility in the close
proximity would suffice as an intermediate step towards full realization of related rights.
• States are not obliged to construct toilets, rather they must create an enabling
environment. In fact, it is often argued that demand-led sanitation projects enjoy
considerable success. Only in certain conditions, such as extreme poverty or natural
disasters, when people, for reasons beyond their control, are genuinely unable to access
sanitation through their own means, is the State obliged to actually provide sanitation
services.
• States are not obliged to provide sanitation free of charge - those who are in a position
to pay must contribute financially or in kind, for example by offering labour for the
construction of sanitation systems. Only when people are genuinely unable to pay for
sanitation is the State obliged to provide sanitation services free of charge.
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