A/HRC/12/24 page 23 • 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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