A/HRC/27/55
systemic discrimination remaining unaddressed. 68 The Inter-American Court of Human
Rights determined that denying an indigenous community access to ancestral lands denied
them access to water and sanitation and violated the right to life.69
58.
While remedies have been provided in the context of discrimination on account of
race or minority status, there are fewer examples of such remedies when discrimination is
on other grounds, such as property or socio-economic status, including for those living in
poverty, those residing in informal settlements, the homeless and similarly marginalized or
vulnerable groups. Discrimination on any prohibited grounds is a violation of the rights to
water and sanitation, and access to justice must be ensured for the full scope of prohibited
discrimination.
2.
Failure to provide reasonable accommodation and to meet particular requirements
59.
Failure to provide reasonable accommodation for persons with disabilities has farreaching effects and may amount to violations of the rights to water or sanitation. The
Committee on the Rights of Persons with Disabilities raised concerns about water and
sanitation service provision not taking into account the needs of persons with disabilities.70
The Special Rapporteur is also concerned about the lack of reasonable accommodation in
sanitation facilities for children with disabilities in schools, in extreme instances forcing
parents to stay at school with their children to allow them to meet their sanitation needs.71
Moreover, inadequate facilities for menstrual hygiene management have been shown to
prevent girls from attending school, as well as creating serious health consequences. 72
People with health conditions also often require particular protection. The Colombian
Constitutional Court found that the disconnection of water services to a woman with
chronic kidney failure violated the right to life, and ordered the reinstatement of the
service.73
3.
Failure to prevent and combat stigmatization and to take measures against
discrimination in the private sphere
60.
Discriminatory and stigmatizing practices frequently occur in the private sphere.
States have an obligation to prevent and combat stigmatization and to protect against
human rights abuses in the private sphere. Where States fail to adopt appropriate measures,
this may amount to human rights violations. More directly, human rights are violated where
States endorse, perpetuate and reinforce discriminatory and stigmatizing practices, for
instance through the criminalization of homelessness or employing manual scavengers or
sweepers.74
61.
Examples of violations include (a) lack of protection against denial of access to
facilities; (b) lack of protection of health and dignity for sanitation workers; (c) lack of
protection from violence when accessing facilities; and (d) lack of protection from harmful
practices, in particular in the context of sanitation and menstrual hygiene.
68
69
70
71
72
73
74
A/HRC/12/24/Add.1; A/HRC/18/33/Add.2.
Inter-American Court of Human Rights, Yakye Axa Indigenous Community v Paraguay, 17 June 2005.
See for example CRPD/C/SLV/CO/1, para. 57.
A/HRC/18/33/Add.3, para. 42.
Environment & Consumer Protection Foundation Vs. Delhi Administration 2012 STPL(Web) 543 SC.
Corte Constitucional de Colombia, Flor Enid Jiménez de Correa c/ Empresas Públicas de Medellín,
17 April 2007, T-270/07.
A/HRC/21/42, para. 33.
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