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Questionnaire Mandate of the Special Rapporteur on the human rights to safe drinking water and sanitation Questionnaire Gender equality (2015) (A/HRC/33/49) Gender inequalities are pervasive at every stage of women’s life: from infancy, through puberty, adulthood, parenthood, and late adulthood. When it comes to lack of access to water and sanitation, women and girls are disproportionately impacted as they are primarily responsible for water and hygiene at the household level and bear the greatest burden for collecting water. Although women may suffer disproportionate disadvantages and discrimination, they cannot be seen as a homogenous group. Different women are situated differently and face different challenges and barriers in relation to water, sanitation and hygiene. Intersectionality exacerbates gender-based inequalities, when they are coupled with other grounds for discrimination and disadvantages. Examples include situations when women and girls lack adequate access to water and sanitation and at the same time suffer from poverty, live with a disability, suffer from incontinence, live in remote areas, lack security of tenure, are imprisoned or are homeless. In these cases, they will be more likely to lack access to adequate facilities, to face exclusion or to experience vulnerability and additional health risks. Furthermore, other challenges include access to toilets for lesbian, gay, bisexual, transgender, intersex and gender non-conforming people as well as increased risk of gender- based violence. Question(s): 2. During the last decade (2010-2020), what measures (ranging from legal, policy, regulatory, budgetary to training) have been implemented to redress gender inequalities in water and sanitation provision by addressing gender discrimination? Alternatively, what measures have been central in redressing gender discrimination by addressing inequalities in water and sanitation provisions? What are the concrete steps taken and the observed impacts? Gender inequality in access to water, sanitation and hygiene (WASH) services has remained mostly invisible in public discourses including in the SDG6 indicators despite evidence that the lack of gender-responsive public services1 impacts women and girls disproportionately, including their rights to education, freedom of movement and freedom from violence. Sanitation needs of women and girls also vary significantly from that of men and boys including needs for privacy and the specific needs of pregnant and menstruating women. Menstrual health management is increasingly being acknowledged as a crucial part of sanitation programs after decades of taboos surrounding menstruation. In 2016 UN Women noted that for “the design of sanitation systems to be woman- and girl-friendly it should explicitly incorporate the biological and social needs of women”2. Beyond the issue of access to toilets (in both public and private spaces), there are larger issues of water supply and household toilet maintenance. This includes increased care load related to water and sanitation since fetching water and maintaining cleanliness are usually responsibilities of the women in the household. In India, where the practice of manual scavenging (i.e. the process 1Gender Responsive Public Services can be defined as public services which are publicly funded, publicly delivered and universal, gender equitable and inclusive, and focussed on quality in line with human rights frameworks. 2 ‘Towards Gender Equality through Sanitation Process’, UN Women Discussion Paper, March 2016 of manually emptying dry/single-pit latrines – primarily in rural areas) still exists, an overwhelming 95% of the rural workforce are Dalit women3. In order for us to respond to the question of what measures have been implemented to redress gender inequalities in WASH by addressing gender discrimination, we take a closer look at the Swacch Bharat Mission (SBM), an initiative launched in 2014 by the Government of India. UNICEF-WHO Joint Monitoring Programme (JMP) estimates that only 41% of rural households and 67% of urban households used improved sanitation facilities in 2013. As a result of SBM, more than 100 million toilets were constructed within a span of five years. In August 2019, 89% of Indian cities were certified to be Open Defecation Free (ODF). However, the mission objectives of SBM-Urban do not have any explicit mention of redressing gender inequality or gender discrimination. Women are mentioned only in the context of ‘special focus groups’ and state governments are advised to pursue focus on ‘vulnerable sections such as pensioners, girl children, pregnant and lactating mothers’ for access to toilets4. However, there is an advisory (2018) by the Ministry of Housing and Urban Affairs on public and community toilets which explicitly mentions gender as a focus area5. Despite the advisory from the Ministry, specific sanitation needs of women and girls, particularly young women are not reflected on ground. Investments in toilet infrastructure tend to ignore the concerns that the toilets built are not safe, sanitary, or accessible, especially for women and girls. ActionAid6 conducted a study in six cities in India as part of its Young Urban Women Program7 that offers insights into the gendered realities of SBM urban implementation. The study aimed at assessing and measuring the status of access to public and community toilets for low income young women (15-29 years). Here are some of the main findings of the study: 1. Community Toilets: In the absence of household toilets in informal settlements, many young women relied on community toilets. However, community toilets were inadequate and queuing times were up to more than 30 minutes causing delays in reporting to work and school. Some slum sanitation studies have shown that there are often fewer functioning latrines for women than for men. In addition, the rural-urban divide in budgetary allocations for SBM does not adequately consider urban sanitation and community sanitation blocks. The financial support provided by the central government to SBM-Urban is one seventh that of SBM-Rural8. This fails to account for ‘the complexities of urban congestion and poverty that lead to higher health and environmental risk in urban areas’9. The rapid spread of COVID 19 in urban informal settlements, especially Mumbai has now tragically underscored this. 2. Access to toilets at work and in public spaces: 91% of working young women reported having toilets within their workplaces. However, only 67% accessed them due to lack of privacy (as they are not separated from men’s washrooms) and inadequate infrastructure and facilities such as dustbins and hand washing facilities. Young women reported a lack of gender responsive public toilets in transportation hubs, government offices, health clinics and markets. Most public toilets remained closed in the evening, and hence were available only for limited hours. 3 International Dalit Solidarity Network 4 http://swachhbharaturban.gov.in/writereaddata/SBM_Guideline.pdf?id=sv3rcn648065fuyc 5 Advisory on Public and Community Toilets, Ministry of Housing and Urban Affairs, November 2018. Available at: http://164.100.228.143:8080/sbm/content/writereaddata/Advisory%20on%20Public%20and%20Communuity%20Toilet.pdf 6 ActionAid is a global movement of people fighting for women’s rights, social justice and an end to poverty. 7 The Young Urban Women Program works with close to 12,000 young urban women (15-29 years) in 19 urban informal settlements across India, Ghana, Kenya and South Africa and addresses their economic security, bodily integrity and access to gender responsive public services. 8 Swachh Bharat Mission (Urban): Need vs Planning: Sama Khan, Centre for Policy Research, June 2018 Available at: https://www.cprindia.org/research/reports/swachh-bharat-mission-urban-need-vs-planning 9 Ibid 3. Affordability of Public/Community Toilets: 42% of respondents mentioned that they paid between Rs 5- Rs 10 a day per person (approximately 4 USD a month) to use community toilets. Low wages combined with gender wage gaps in India10 make pay-per-use toilets - a common feature in public private partnership models - inaccessible to many women. 4. Safety: 86% of women and girls mentioned that they had to be escorted by a family member or spouse to access community toilets due to prior experience of and fear of sexual harassment or violence. Poor infrastructure such as lack of lighting, doors without working latches and broken toilet doors contribute to an unsafe environment. Empirical evidence indicates that after controlling for economic prosperity and other covariates, lack of toilet facilities in the household is positively related to non-family violence against urban women in India11. However, SBM Urban has no explicit mission focus that links regular maintenance and upkeep of community toilets with safety for women. 5. Impact on sexual and reproductive health and rights: Sanitation has a massive impact on sexual and reproductive health of young urban women and adolescent girls. 64.4% of young women surveyed reported controlling their bladder and reducing their water intake daily to avoid using unclean community toilets. 58% said that they changed sanitary napkins only when they returned home from work, school, or public places. A common reason cited was inadequate disposal facilities in community toilets, schools, and workplaces. 41% of the respondents reported toilets were non-functional in their schools. The lack of separate toilets for girls in schools coupled with lack
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