Right to Sanitation The Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, while acknowledging the difficulty of defining the notion of sanitation and the need for any definition to be able to evolve, defined sanitation “as a system for the collection, transport, treatment and disposal or reuse of human excreta and associated hygiene.”232 Recognition of water and sanitation as human rights was re-affirmed by the General Assembly in 2010233 and by the Human Rights Council in September 2010.234 In November 2010, the CESCR stated: “The Committee is of the view that the right to sanitation requires full recognition by States parties in compliance with the human rights principles related to non-discrimination, gender equality, participation and accountability.”235 The right to adequate sanitation is inseparable from the right to water, because it is the primary cause of water contamination and diseases linked to water.236 It is also closely tied to the principle of sustainable development. The Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation observes that sustainability is more than mere reliability or functionality, and requires a balance of its different dimensions. Water and sanitation must be provided in a way that respects the natural environment; finite resources must be protected and overexploitation cannot occur. Likewise, the economic and social dimensions have to be balanced: while service provision relies on raising sufficient revenue, this must be achieved in such a way as to ensure affordability for all people in society, including those living in poverty.237 Notion of Adequacy of Sanitation238 Availability Quality Accessibility “There must be a sufficient number of sanitation facilities (with associated services) within, or in the immediate vicinity, of each household, health or educational institution, public institutions and places, and the workplace. There must be a sufficient number of sanitation facilities to ensure that waiting times are not unreasonably long.” “Sanitation facilities must be hygienically safe to use, which means that they must effectively prevent human, animal and insect contact with human excreta. […] Sanitation facilities must also be technically safe to use, which means that the superstructure is stable and the floor is designed in a way that reduces the risk of accidents (e.g. by slipping). […] Ensuring safe sanitation requires adequate hygiene promotion and education to encourage individuals to use toilets in a hygienic manner that respects the safety of others.” Physical “Sanitation facilities must be physically accessible for everyone within, or in Accessibility the immediate vicinity of, each household, health or educational institution, public institutions and places, and the workplace. […] Sanitation facilities should be designed in a way that enables all users to physically access them, including, especially, those with special access needs, such as children, persons with disabilities, elderly persons, pregnant women, parents accompanying children, chronically ill people and those accompanying them.” Economic “Access to sanitation facilities and services, including construction, Accessibility emptying and maintenance of facilities, as well as treatment and disposal of faecal matter, must be available at a price that is affordable for all people without limiting their capacity to acquire other basic goods and services, including water, food, housing, health and education guaranteed by other human rights. Water disconnections resulting from an inability to pay also impact on waterborne sanitation, and this must be taken into consideration before disconnecting the water supply.” 59