A/HRC/27/55
schools has huge implications for the right to education and gender equality. It also puts the
right to privacy and human dignity at risk. These linkages become apparent in the case law
dealing with water and sanitation, which frequently relies on the rights to life, to health, to
housing, to a healthy environment and to freedom from inhuman and degrading treatment.
7.
The present report reflects critical developments in international human rights law
and attempts to respond to new opportunities and challenges. The Special Rapporteur
expects that the recent entry into force of the Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights will lead to a greater commitment to
address violations of the rights to water and sanitation, contribute to a better conceptual
understanding and promote their justiciability at the national level, leading to greater
compliance with these rights.
8.
While it primarily focuses on the role of States, the Special Rapporteur hopes that
the present report will be useful to quasi-judicial bodies in adjudicating complaints, and that
it will assist civil society organizations, national human rights institutions and other
advocates to provide strategic support in cases that address any type of violations of the
rights to water and sanitation. Lastly, the report acknowledges the important role of nonState actors, both in causing and remedying human rights violations.
9.
The identification of human rights violations is not intended as an accusation of
those responsible or to undermine collaborative partnerships in addressing violations. On
the contrary, the Special Rapporteur considers exposing human rights violations as
constructive and invites participatory dialogue about how to better address violations of the
rights to water and sanitation. This will involve identifying barriers faced by victims in
accessing justice, and assisting courts and other bodies to become more accessible and open
to adjudicating cases concerning the rights to water and sanitation. Examples of violations
drawn from domestic courts and international or regional human rights mechanisms are not
intended to suggest that violations are more serious in certain States. Indeed, States from
which more decisions originate are generally those that have provided access to justice, and
may provide guidance to others.
10.
The report is informed by a broad consultative process with States, international
organizations, civil society organizations, national human rights institutions, other
stakeholders and human rights experts. The Special Rapporteur received nearly
50 responses to a questionnaire, bringing common patterns of violation to the fore.2 The
report is also based on the experience gained during her mandate, in particular from
communications received and country missions. While the countries visited were extremely
diverse, many challenges faced were remarkably similar: patterns of marginalization and
discrimination; failure to take the necessary steps to realize the rights to water and
sanitation with the urgency required and to the maximum of available resources; failure to
regulate and protect those rights where services were delegated to third parties; and
instances of retrogressive measures and lack of sustainability.
11.
The report establishes a comprehensive framework for assessing violations of the
rights to water and sanitation. It surveys the wide range of violations, establishes
corresponding categories and references them to cases. It briefly considers how
accountability and remedial measures can most effectively address those violations. The
report concludes with recommendations on how to better ensure that violations are
identified, prevented and addressed.
2
4
www.ohchr.org/EN/Issues/WaterAndSanitation/SRWater/Pages/SubmissionsHRViolations.aspx.