A/HRC/24/44 D. Sustainability and the principle of non-discrimination 24. States must actively and immediately ensure that the principle of non-discrimination is upheld in decisions and practices relating to the rights to water and sanitation. This principle requires States to eliminate both formal and substantive discrimination on all prohibited grounds 46 and requires the adoption of positive measures where necessary to dismantle unequal access to water and sanitation. Lack of sustainability, slippages and backward steps will primarily affect the most marginalized members of society, since they will often lack the means to adjust, a necessary voice, visibility, and access to mechanisms of redress. Moreover, the elimination of inequalities is essential to ensuring sustainable water and sanitation, as inequality can also be destructive to growth, amplifies the risk of crisis and makes it difficult for the poor to invest in water and sanitation. III. Betraying present and future generations: failure to incorporate sustainability in times of economic growth and crisis 25. In this section the Special Rapporteur outlines approaches taken by States that fail to incorporate sustainability in the water and sanitation sectors in times of economic growth as well as during times of crises when sustainability is under an aggravated threat. If even in times of economic growth States fail to adopt the necessary measures and policies to make sure sustainability and human rights are protected, sustainability will be at risk. This risk will occur not only in the wake of an economic crisis, but might be present even in times of economic growth. In both cases, the State is at the origin of impermissible retrogressions (by action or by inaction, voluntary or involuntary) of the human rights to water and sanitation. A. Inadequate planning and institutional fragmentation 26. The importance of effective planning has been elucidated many times,47 but a lack of planning and institutional coordination for the long-term realization of the rights to water and sanitation persists. Competencies for water and sanitation are often spread both horizontally (falling within the auspices of many national authorities) and vertically (shared between central, regional and local governments). Other actors also have a relevant role to play – as public or private service providers, international donors, regulators or civil society organizations. 27. During periods of growth, States should plan for the long-term realization of the rights to water and sanitation, so as to ensure the prioritization of water for personal and domestic uses, and avoid duplication of efforts and waste of resources, as well as a power vacuum where no institutional responsibility is assigned for water and sanitation. While there are challenges, including differing priorities between institutions, corruption, power struggles, lack of consideration for operation and maintenance, and lack of independent regulation, monitoring and accountability (see A/HRC/18/33), these are more easily addressed in times of economic growth, as States do not act under time pressure and have more resources available. Establishing well-functioning water and sanitation systems in good economic times will help to withstand the additional pressure on scarce resources during times of crisis. 46 47 Committee on Economic, Social and Cultural Rights, general comment No. 20. Human Rights Council resolution 12/8, para. 4 (c) and (d); and general comment No. 15, para. 47. 9