E/C.12/2002/11
Page 7
constraints, the vulnerable members of society must be protected by the adoption of
relatively low-cost targeted programmes.
14.
States parties should take steps to remove de facto discrimination on
prohibited grounds, where individuals and groups are deprived of the means or
entitlements necessary for achieving the right to water. States parties should ensure
that the allocation of water resources, and investments in water, facilitate access to
water for all members of society. Inappropriate resource allocation can lead to
discrimination that may not be overt. For example, investments should not
disproportionately favour expensive water supply services and facilities that are often
accessible only to a small, privileged fraction of the population, rather than investing
in services and facilities that benefit a far larger part of the population.
15.
With respect to the right to water, States parties have a special obligation to
provide those who do not have sufficient means with the necessary water and water
facilities and to prevent any discrimination on internationally prohibited grounds in
the provision of water and water services.
16.
Whereas the right to water applies to everyone, States parties should give
special attention to those individuals and groups who have traditionally faced
difficulties in exercising this right, including women, children, minority groups,
indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant
workers, prisoners and detainees. In particular, States parties should take steps to
ensure that:
(a) Women are not excluded from decision-making processes concerning
water resources and entitlements. The disproportionate burden women bear in the
collection of water should be alleviated;
(b) Children are not prevented from enjoying their human rights due to the
lack of adequate water in educational institutions and households or through the
burden of collecting water. Provision of adequate water to educational institutions
currently without adequate drinking water should be addressed as a matter of urgency;
(c) Rural and deprived urban areas have access to properly maintained water
facilities. Access to traditional water sources in rural areas should be protected from
unlawful encroachment and pollution. Deprived urban areas, including informal
human settlements, and homeless persons, should have access to properly maintained
water facilities. No household should be denied the right to water on the grounds of
their housing or land status;
(d) Indigenous peoples’ access to water resources on their ancestral lands is
protected from encroachment and unlawful pollution. States should provide resources
for indigenous peoples to design, deliver and control their access to water;
(e) Nomadic and traveller communities have access to adequate water at
traditional and designated halting sites;
(f) Refugees, asylum-seekers, internally displaced persons and returnees have
access to adequate water whether they stay in camps or in urban and rural areas.