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.
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