A/HRC/21/42
E.
Threats to privacy and security
39.
Stigmatized people frequently face threats to their privacy; they experience people
staring at them, in particular when they look physically different from what is considered
―normal‖. They are verbally insulted, harassed or threatened or experience physical abuse
and violence, for instance, when attempting to access water and sanitation facilities. Such
threats directly affect people‘s access to services and have a detrimental effect on their
health, dignity and livelihoods. In many instances, the perpetrators are not held
accountable, but rather enjoy impunity.
40.
A report of the United Nations High Commissioner for Human Rights on
discriminatory laws and practices and acts of violence against individuals based on their
sexual orientation and gender identity has highlighted that homophobic and transphobic
violence may be physical or psychological, and that those attacks ―constitute a form of
gender-based violence, driven by a desire to punish those seen as defying gender norms‖
(A/HRC/19/41, para. 20). While the human rights concerns are much broader, in relation to
water and sanitation specifically, the use of public bathrooms, which are often sexsegregated, has been associated with exclusion, denial of access, verbal harassment,
physical abuse and sometimes even the arrest of transgender and intersex individuals. More
broadly, they are at risk of exposure, violence and harassment in seeking access to services
such as water and sanitation when those are in common areas, or where privacy is
unavailable or compromised.
F.
Criminalization
41.
Stigma often finds its way into legislative and policy frameworks mirroring societal
attitudes and prejudices. In many countries, stigmatization is reflected in the criminalization
of work-related activities and practices or the lack of legal protection. For instance, the lack
of protection creates a climate of impunity, invisibility and silence and violence against sex
workers. They are often forced to work in unsafe environments, including in the outskirts of
cities, with no access to services.
42.
The stigmatization of homeless persons is starkly apparent in their criminalization,
for instance through the adoption of local ordinances criminalizing proxy behaviours, that
is, common behaviours among homeless people, including public urination and defecation.
While such laws are seemingly neutral, they disproportionately affect homeless people,
who rely on public places for these activities.23 Homeless people often have limited access
to water, toilets and showers, thus the enforcement of such regulations results in them being
denied the rights to water and sanitation.
V. Situating stigma in the human rights framework
43.
Stigma is a deeply engrained sociocultural phenomenon that not only disadvantages
entire population groups, but often results in serious human rights violations. Situating
stigma in the human rights framework is essential for identifying the obligations of States
and establishing accountability. Stigma has close links to a range of civil, cultural,
economic, political and social rights, highlighting the indivisibility and interdependence of
all human rights. The human rights standards and principles of human dignity and nondiscrimination, the human rights to water and sanitation and other closely related human
23
Report of the Special Rapporteur on extreme poverty and human rights (A/66/265), paras. 33 ff.
11
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