A/62/214
poverty are not enjoying access to safe water and adequate sanitation, the State has a
duty to take reasonable measures that ensure access to all;
(c) Water and sanitation must be accessible to all without discrimination on
any of the prohibited grounds, such as sex, race, ethnicity, disability and
socio-economic status;
(d) Reliable information about water and sanitation must be accessible to all
so that they can make well-informed decisions.
75. As well as being available and accessible, the right to health requires that
water and sanitation facilities be respectful of gender and life-cycle requirements
and be culturally acceptable. For example, measures should ensure that sanitation
facilities are mindful of the privacy of women, men and children.
76. The right to health requires that water services and sanitation facilities be of
good quality. Water required for personal and domestic use should be safe and free
from micro-organisms, chemical substances and radiological hazards which
constitute a threat to a person’s health. 42 States should establish water quality
regulations and standards on the basis of the WHO Guidelines for drinking water
quality. 43 Similarly, sanitation facilities should be of adequate quality. Each person
should have affordable access to sanitation services, facilities and installations that
are adequate for the promotion and protection of human health and dignity. Good
health requires the protection of the environment from human waste; this can only
be achieved if everyone has access to, and utilizes, adequate sanitation. 44 Good
quality water and sanitation reduce susceptibility to anaemia and other conditions
that cause maternal and infant mortality and morbidity.
Combating discrimination, inequality and vulnerability
77. Arising out of the concepts of non-discrimination and equality, international
human rights law has a preoccupation with vulnerability and disadvantage. This
requires a State to take measures in favour of disadvantaged communities and
individuals. In the present context, non-discrimination and equality have numerous
implications. For example, they require a State to establish a national water and
sanitation policy that is mindful of national and local health priorities and includes
policies and programmes that address the needs of the disadvantaged.
Non-discrimination and equality also require a State to give attention to individuals
and groups who have special water and sanitation needs owing to health, climate or
other conditions.
78. The right to health therefore requires a State to design a national water and
sanitation policy aimed at ensuring equitable access for vulnerable and
disadvantaged individuals and groups, including women and children, ethnic
minority and indigenous populations, persons living in poverty, persons living with
HIV/AIDS, internally displaced persons, the elderly, persons with disabilities,
prisoners and others.
__________________
42
43
44
07-45379
E/2003/22-E/C.12/2002/13, annex IV, general comment 15, para. 12 (b).
WHO, “Guidelines for drinking water quality” (2006).
See E/CN.4/Sub.2/2004/20, para. 44.
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