A/HRC/27/55 4. Failure to monitor inequalities in access to water and sanitation and to collect disaggregated data for that purpose 66. Without collecting data on inequalities, States are unable to identify systemic discrimination and inequalities. The failure to collect data makes it more difficult, if not impossible, to hold States to account for a lack of progress. In the context of disability, article 31 of the Convention on the Rights of Persons with Disabilities explicitly obliges States to collect and disaggregate data to enable them to formulate appropriate policies. There is often a misconception that the collection of disaggregated data would be discriminatory as such. However, the contrary is true: disaggregated data are necessary in order to address inequalities.83 Where States fail to take reasonable measures and to make monitoring part of their planning exercises, they may be violating human rights. In collecting such data, States must put in place appropriate mechanisms to safeguard the privacy and security of individuals and groups and prevent misuse of data. This includes repealing laws that criminalize people because of their identity, for instance on the basis of sexual orientation or gender identity, in order to avoid a particular population group being targeted and abused under the pretext of monitoring. Without such safeguards, being identified as a distinct group may be politically sensitive, reinforce stigma and result in grave risks to individuals and groups. 67. Violations of rights to non-discrimination and equality infuse other rights violations. What has become increasingly clear to the Special Rapporteur is that systemic and widespread denials of access to water and sanitation are first and foremost driven by patterns of discrimination, stigmatization and exclusion. Challenging violations of rights to water and sanitation invariably confronts endemic patterns of inequalities. More efforts are needed, in particular with regard to challenging discrimination faced by persons with disabilities, inequalities based on socioeconomic status, and discrimination and stigmatization deeply entrenched in society. E. Violations of the obligation to ensure active, free and meaningful participation 68. Article 25 (a) of the International Covenant on Civil and Political Rights provides for the right to participate in public affairs. Participation must be active, free and meaningful. While it is often stressed that participation has significant instrumental value in ensuring more sustainable results, participation is a human right in itself, and noncompliance with the relevant human rights obligations may give rise to violations. Such violations may arise from direct denial of participation as well as indirect, by failure to take reasonable steps to facilitate participation, including by ensuring the right to access to information. 69. Courts have found that denying the right to participation constitutes a violation. The South African Constitutional Court developed the concept of “meaningful engagement” in the 51 Olivia Road case 84, holding that rights holders have a right to participate in decisions affecting the enjoyment of social rights, including in the development of plans. The Court found that the City of Johannesburg had made no effort to engage and hence had not met its obligations. The concept of meaningful engagement has since been taken up by courts in 83 84 “Guidelines for the CERD-specific document to be submitted by States Parties” (CERD/C/2007/1), para. 11. Constitutional Court of South Africa, Occupiers of 51 Olivia Road, Berea Township and 197 Main Street, Johannesburg v. City of Johannesburg and others, CCT 24/07, para. 35. 19