A/70/203
28. Achieving equality does not mean that everyone should be treated identically.
With respect to water, sanitation and hygiene, human rights requires that everyone
has equal access to services; but this does not mean that everyone must enjoy the
same type of service, such as flush toilets, as these are not appropriate in all
circumstances and contexts. Also some individuals or groups have specific needs
such as menstrual hygiene for women and girls. However, States may need to adopt
affirmative measures, giving preference to certain groups and individuals in order to
redress past discrimination. Social, cultural, economic and political inequalities
perpetuate social exclusion, and this needs to be carefully considered in the
development of water, sanitation and hygiene service delivery options (see
E/C.12/2002/11, para. 17).
2.
Participation
29. Participation must be active, free and meaningful to comply with the human
rights to water and sanitation. Individuals and communities must be given the
opportunity to participate in the choice of the type of service and management
model. Participation includes ensuring that people have the opportunity to engage
actively, by holding meetings at times and in places where all individuals have
access and feel comfortable in giving their opinion. In many cases, language and
levels of literacy need to be considered.
30. The Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters (Aarhus Convention), an
instrument providing useful guidance on participation even beyond its regional
scope, requires that public bodies take due account of the outcome of public
participation and notify the public of the decision made, giving reasons and spelling
out what was considered in reaching the decision. 6
31. People must be able to voice their concerns freely. Those who are otherwise
discriminated against or stigmatized may have particular difficulties in making their
opinion heard as concerns the types of service that are acceptable to them. They
must also be given the chance to present their opinions and influ ence decisionmaking. For decisions on types of services, women and girls ’ participation is
essential.
3.
Access to information
32. Participation in decision-making regarding the type of service is only effective
if there is access to sufficient and accurate information, which is in itself a human
right. To be able to make informed choices, communities and individuals must have
access to adequate information about the different technologies’ long-term costs,
sustainability and related health and environmental concerns.
33.
People need to have access to information:
• For democratic engagement, such as through community councils and
participatory budgeting;
• For active, free and meaningful participation in the design of policies and
planning on water, sanitation and hygiene-related issues;
__________________
6
10/24
See United Nations, Treaty Series, vol. 2161, No. 37770, art. 6, para. 9.
15-12500