A/HRC/21/42 human rights to water and sanitation reach far beyond ensuring access to services, and include appropriate measures to combat stigma as a cause of human rights violations. C. Non-discrimination and equality 48. The right to be free from discrimination in the exercise of human rights, including the rights to water and sanitation, is paramount and cross-cutting under international human rights law. Non-discrimination and equality are central to all core international human rights treaties. They include extensive provisions to protect against discrimination and ensure equality, covering in particular racial discrimination, as well as the situation of children, women, and persons with disabilities. 49. Discrimination is defined as constituting ―any distinction, exclusion, restriction or preference or other differential treatment that is directly or indirectly based on the prohibited grounds of discrimination and which has the intention or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of Covenant rights‖.28 50. In terms of prohibited grounds of discrimination, the International Covenants on Human Rights list race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The term ―other status‖ indicates that these lists are not exhaustive. The treaty bodies have sought to elucidate the term, finding that it encompasses, inter alia, disability, age, sexual orientation and gender identity, health status, place of residence, and economic and social situation. 29 These grounds show a significant overlap with groups experiencing stigmatization, highlighting again that stigma often lies at the root of discrimination. Conversely, this relationship also allows for the use of stigma as a marker and for the consideration of groups who experience stigmatization when interpreting the term ―other status‖. While it may already be implicit in the treaty bodies‘ reasoning, this would, for instance, require the recognition of homelessness as a prohibited ground of discrimination. 51. States have an immediate obligation to guarantee non-discrimination in the exercise of the rights to water and sanitation. They must ensure that laws, policies, programmes and other measures are not discriminatory. When deeply engrained, discrimination is intractable—as is often the case where stigma lies at the root of discriminatory action—and temporary special measures may be required to ensure the redistribution of power and resources. 30 Finally, to address discrimination based on stigma as a deeply entrenched societal phenomenon, States must adopt measures to ensure that private actors do not discriminate on prohibited grounds.31 28 29 30 31 Committee on Economic, Social and Cultural Rights, general comment No. 20, para. 7. See also the International Convention on the Elimination of All Forms of Racial Discrimination, art. 1; Convention on the Elimination of All Forms of Discrimination against Women, art. 1; Convention on the Rights of Persons with Disabilities, art. 2; Human Rights Committee, general comment No. 18 (1989) on discrimination, para. 7. Committee on Economic, Social and Cultural Rights, general comment No. 20, paras. 2 and 15; Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, para. 18. See also Human Rights Committee, communication No. 488/1992, Toonen v. Australia, Views adopted on 31 March 1994. Committee on Economic, Social and Cultural Rights, general comment No. 20, para. 39. Ibid., para. 11. 13