Denial of access to a toilet

The denial of access to a toilet is a widespread and dehumanizing practice reported in around 8% of the testimonies we collect. This form of abuse occurs in detention centres, transit camps, and at temporary cells, where individuals are often held for extended periods without being allowed to use sanitary facilities. The medical consequences of this denial range from severe discomfort and humiliation to significant health risks, including urinary tract infections, kidney issues, and other gastrointestinal problems.

Inadequate access to sanitation violates basic human dignity and infringes upon several fundamental human rights. It contravenes the European Convention on Human Rights (ECHR), particularly Article 3, which prohibits torture and inhuman or degrading treatment, and Article 8, which ensures the right to respect for private and family life. Furthermore, it breaches the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), which emphasize the importance of sanitation and hygiene in detention settings. Denial of access to toilets also violates the International Covenant on Economic, Social and Cultural Rights (ICESCR), particularly Articles 11 and 12, which relate to the right to an adequate standard of living and the right to the highest attainable standard of physical and mental health, respectively.

‘As one person asked to go to the toilet the respondent recalls that they have been laughed at.’

– Testimony taken in Bihać

Testimonies like this one from Bihać reveal the dehumanising element of this practise. Denying individuals access to toilets is not just a failure to meet basic needs but is also used as a tool of control and humiliation. It is a deliberate tactic to dehumanize and degrade people on the move, reflecting a broader pattern of abuse and mistreatment at borders. This practice underscores the extreme neglect of human rights and dignity in border control policies and practices, contributing to an environment where violence and abuse are normalized and perpetuated without accountability.