A/68/264
health benefits such as reductions in disease mortality independent from income
levels and access to sanitation. 10
16. Large-scale contamination sometimes has visible direct impacts, but more
frequently the impacts of inadequate wastewater management and water pollution
are invisible and become manifest only in the long term. They affect not only the
surrounding communities, but also those communities that are downstream from the
source of pollution, resulting in an out-of-sight, out-of-mind phenomenon. Yet,
pathogens in sewage and other contaminants cause a range of diseases, either
through contamination of drinking water, through direct contact or through their
entry into the food chain. Inadequate wastewater management restricts development,
threatens livelihoods and increases poverty as a result of increased costs of health
care as well as reduced productivity and educational opportunities.
17. Despite those negative impacts, it has sometimes been argued that
development inevitably results in pollution and that developing countries have the
right to pursue a path of development that includes pollution. However, the pursuit
of economic development must not lead to violations of human rights, and the right
to development cannot be invoked to justify violations of the human right to water
or other human rights. Instead, development must be sustainable, balancing
economic, environmental and social interests. In the case of Vellore Citizens Welfare
Forum v. Union of India, 11 which dealt with untreated effluent discharged by
tanneries, the Supreme Court of India underlined the importance of reconciling
those interests. It acknowledged that the industry, which was generating foreign
exchange and providing employment opportunities, was of vital importance, but
stressed that the economy must not destroy the ecology, nor should it constitute a
hazard to human health.
18. Others have argued that people themselves should decide whether to prioritize
wastewater management and how to allocate scarce resources. While it is certainly
true that communities themselves should make decisions in a participatory manner,
this line of argument overlooks the fact that apart from one’s own human rights, one
person’s lack of wastewater management mostly affects other people’s livelihoods and
health. Whether or not to manage wastewater is not just a personal or community
choice, but is a collective problem. In terms of participation, this issue points to the
need to involve all those concerned in decision-making, i.e., communities living
downstream and others affected by wastewater. On the part of the State, respect for
human rights imposes an obligation to protect, which requires States to shield
people from human rights abuses through the actions of non-State actors, including
other individuals. The fact that one person gains access to sanitation must not be to
the detriment of others through exposing them to the former person’s faeces.
19. Hence, the question that is sometimes brought up — whether people have a right
to have their wastewater treated — may not be the main issue. What is more relevant
is that others have the right to not to be exposed to the negative impacts of unmanaged
wastewater. This is all the more true because not everyone is affected to the same
extent. Individuals and communities that are marginalized, for instance people
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Kartiki S. Naik and Michael K. Stanstrom, “Evidence of the influence of wastewater treatment
on improved public health”, International Association on Water Pollution Research, Water,
Science and Technology Journal, Vol. 66, Issue 3 (London, Cambridge University Press, 2012).
Supreme Court of India, Vellore Citizens Welfare Forum v. Union of India, 28 August 1996
[1996], All India Reporter 2715.
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