A/HRC/33/49
eliminate both formal and substantive discrimination, and take into account both public and
private actors.
11.
Laws, policies and strategies should not inadvertently reinforce gender stereotypes
but should seek to transform them. 4 It is important that policies and strategies explicitly
mention the different experiences of men and women and marginalized groups, otherwise
documents that may seem gender-neutral will hide important differences between genders
and will in practice benefit some persons more than others with regard to water and
sanitation.
III. Intersectionality and multiple forms of discrimination
12.
Although women — at every economic level, all over the world — may suffer
disproportionate disadvantages and discrimination, they cannot be seen as a homogenous
group. Different women are situated differently and face different challenges and barriers in
relationship to water, sanitation and hygiene. Gender-based inequalities are exacerbated
when they are coupled with other grounds for discrimination and disadvantages. Examples
include when women and girls lack adequate access to water and sanitation and at the same
time suffer from poverty, live with a disability, suffer from incontinence, live in remote
areas, lack security of tenure, are imprisoned or are homeless. In these cases, they will be
more likely to lack access to adequate facilities, to face exclusion or to experience
vulnerability and additional health risks. The effects of social factors such as caste, age,
marital status, profession, sexual orientation and gender identity are compounded when
they intersect with other grounds for discrimination. In some States, women sanitation
workers are particularly vulnerable, as they are exposed to an extremely dirty environment
and contamination, which have a far greater impact during pregnancy and menstruation.
Women belonging to certain minorities, including indigenous peoples and ethnic and
religious groups, may face exclusion and disadvantages on multiple grounds. Those factors
are not exhaustive and may change over time.
13.
In humanitarian situations, including in times of conflict or natural disaster, when
water and sanitation sources are at a minimum, the specific needs of women and girls are
often not taken into account.5 It is vital to better understand and share experiences about the
kinds of responses that can be deployed across the diverse range of emergencies, including
the most adequate and effective adaptations and interventions. 6 It further requires an
integrated approach and ongoing coordination among all sectors concerned.7 Lesbian, gay,
bisexual, transgender, intersex and gender non-conforming people face additional
challenges in areas affected by disaster. A recent United Nations assessment found that, in
Europe, women and girls who are refugees are vulnerable to violence and lack services that
specifically meet their needs, such as private bathing and sanitation facilities. 8 Some
women have reported having stopped eating or drinking to avoid going to the toilet where
4
5
6
7
8
Office of the United Nations High Commissioner for Human Rights (OHCHR), “Gender stereotyping
as a human rights violation” (October 2013).
WaterAid Bangladesh, submission to the Special Rapporteur.
Marni Sommer and others, “What is the scope for addressing menstrual hygiene management in
complex humanitarian emergencies? A global review”, Waterlines (to be published in 2016).
Tajikistan, submission to the Special Rapporteur.
European Parliament, “Reception of female refugees and asylum seekers in the EU: case study
Germany” (2016), p. 13.
5