A/HRC/24/44 principles of participation and empowerment, accountability, non-discrimination and equality, transparency and access to information, she deems sustainability to be a human rights principle fundamental for the realization of human rights. 10. The subsections below explore the links between sustainability and the obligation of States to progressively realize the rights to water and sanitation using maximum available resources, the principle of non-retrogression, and the human rights principle of nondiscrimination. A. Progressive realization and the use of maximum available resources 11. Article 2, paragraph 1, of the Covenant requires States to take steps progressively to realize economic, social and cultural rights. Such steps should be deliberate, concrete and targeted as clearly as possible towards meeting the obligations recognized in the Covenant.13 States have an obligation to move as expeditiously and effectively as possible towards the goal of full realization, using the maximum available resources. 14 The Committee on Economic, Social and Cultural Rights affirmed the link between this obligation of progressive realization (meaning that States must achieve rights over the long term), and the way progressive realization of the right to water “must also be sustainable, ensuring that the right can be realized for present and future generations”.15 In fact, the spirit of all international human rights instruments is “intergenerational”: human rights instruments do not have expiration dates. 12. The Committee also interprets the Covenant as imposing “minimum core obligations” to provide essential levels of each right,16 below which States are not permitted to regress. These are not static obligations, set at a single point in time. Rather, they must be considered over the long term, including with respect to the requirements of future generations. The Covenant obliges States to plan to ensure that a minimum level of each right will be enjoyed by all in years to come. Also, even if resources are highly constrained, such as during financial or economic crises, measures taken must include the use of targeted programmes aimed at those most at risk.17 B. The principle of non-retrogression and austerity measures 13. A failure to take steps to progressively realize human rights would be contrary to States’ obligations under the Covenant.18 A “strong presumption” exists that retrogressive measures are prohibited. 19 States must be careful to ensure that certain restraints and safeguards are met when considering such measures. To do otherwise undermines the raison d’être of the Covenant. 14. A retrogressive measure is one that, directly or indirectly, leads to backward steps in the enjoyment of human rights. Examples include raising the price of services disproportionately so that poor people can no longer afford water and sanitation, and letting 13 14 15 16 17 18 19 Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990), para. 2. Ibid., para. 9. General comment No. 15 (2002), para. 11. General comment No. 3, para. 10. Ibid., para. 12. Statement by the Chairperson of the Committee on Economic, Social and Cultural Rights, at the sixty-seventh session of the General Assembly, New York, 23 October 2012. Committee on Economic, Social and Cultural Rights, general comment No. 19 (2007), para. 42. 5

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