A/HRC/12/24
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• States may decide to privatize sanitation services, but in that case must ensure - through
adequate regulation, including effective and accessible complaints procedures - that
private actors do not adopt approaches which result in human rights violations.
• States are not required to ensure the full implementation of their human rights
obligations related to sanitation immediately. Rather, they must show that they are
taking steps to the maximum of their available resources to ensure at least minimum
essential levels of sanitation for all people, and they must ensure that they are not
discriminating against certain groups in providing access.
68. Among professionals working on sanitation, it is commonly said that “with rights come
responsibilities”, which alludes to the importance of individual behavioural change in ensuring
the success of sanitation interventions. The State bears the primary human rights obligations
related to sanitation and is under an obligation to ensure that non-State actors, including
individuals, do not jeopardize the enjoyment of any human rights. Where the State is complying
with its duties to ensure access to sanitation facilities which are safe, hygienic, secure, socially
and culturally acceptable, provide privacy and ensure dignity in a non-discriminatory manner,
individuals have a responsibility to use such facilities. The State has a crucial role to play, and is
obliged under human rights law, to sensitize the population about the benefits of good sanitation
and hygiene.
B. Content of human rights obligations related to sanitation
69. In considering the content of human rights obligations, it is important to approach this
framework with a degree of flexibility, recognizing that some elements may be understood under
multiple categories depending on the perspective of the reader. In practice, the classification is of
little importance. For example, whether we understand prohibitive waiting times for use of
sanitation facilities as an issue of accessibility, or one of availability, does not change the fact
that States must ensure that excessive waiting times are avoided. Furthermore, this elaboration of
the content of human rights obligations related to sanitation is intended to offer some examples,
not an exhaustive list.
1. Availability
70. There must be a sufficient number of sanitation facilities (with associated services) within,
or in the immediate vicinity, of each household, health or educational institution, public
institutions and places, and the workplace. There must be a sufficient number of sanitation
facilities to ensure that waiting times are not unreasonably long.
71. Although it is tempting to determine a specific minimum number of toilets needed to meet
the requirement of availability, such determinations can be counterproductive in human rights
terms. It is crucial that the assessment of the sanitation requirements of any community is
informed by the context, as well as the characteristics of particular groups which may have
different sanitation needs. In this regard, participation is a vital aspect of meeting human rights
obligations related to sanitation, as referred to above.
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