A/70/203 78. In principle, States are obliged to progressively realize economic, social and cultural rights, although there are some immediate obligations, such as non-discrimination. The human rights framework acknowledges that the full realization of economic, social and cultural rights takes time in many States. However, States have to move towards the goal of full realization as expeditiously and efficiently as possible. Where they have the capacity to realize the human rights to water and sanitation in full, they have an obligation to do so. All States must undertake deliberate, targeted and concrete steps to that end. The concept of progressive realization does not leave the realization of human rights to the States ’ discretion. It is qualified by an obligation to devote the maximum of available resources towards the realization of human rights. While difficult to measure in concrete terms, the principle of using the maximum available resources sets an objective standard for compliance with human rights obligati ons. 79. The Committee on Economic, Social and Cultural Rights relies on the standard of reasonableness and has developed criteria to assess whether the measures taken by States are reasonable, including: “(a) The extent to which the measures taken were deliberate, concrete and targeted towards the fulfilment of economic, social and cultural rights; (b) Whether the State party exercised non-discriminatory and non-arbitrary manner; its discretion in a (c) Whether the steps had taken into account the precarious situation of disadvantaged and marginalized individuals or groups and, whether they were non-discriminatory, and whether they prioritized grave situations or situations of risk” (see E/C.12/2007/1, para. 8). 80. Progressive realization has two components: progressively moving towards universal access by reaching more people and progressively moving towards better levels of service that fully meet human rights standards. Human rights do not include minimum standards such as access to a latrine at a particular distance from the home or a minimum essential amount of water. The human rights to water and sanitation must ensure an adequate standard of living, which could, for instance, require a latrine or toilet on the premises and an adequate quantity of water supplied within the home. With regard to hygiene, human rights also do not include minimum standards such as a “tippy-tap” in a household’s back yard. The requirement of an adequate standard of living may include a tap within the home for hand -washing, as well as adequate facilities to practice menstrual hygiene. States that have already achieved an essential level of service have to move beyond this in order to ensure the full realization of the human rights to sanitation and water. 81. Given these sometimes competing requirements of reaching more people and achieving a level of service that fully meets human rights standards, the crucial question for States is how to set priorities for the realizat ion of human rights. The human rights framework does not provide any definitive answers to questions of prioritization, as they need to be answered in each particular context. However, it does provide guidance on the basis of human rights concepts, in part icular the obligation to target and prioritize the most disadvantaged in order to achieve substantive equality. 15-12500 19/24

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