A/70/203
adequate standard of living for everyone, using the maximum available resources
efficiently to achieve that goal.
90. In many instances investments in improved levels of service, such as piped
water and sewerage, have only reached the relatively well-off. Some States may not
have sufficient resources to build the necessary infrastructure at a scale that would
ensure universal access. However, in some cases, the extension of piped systems to
city-wide coverage can be achieved over time with appropriate legislation, planning
and financial management.
91. How States balance these obligations, the solutions they adopt and how they
reconcile meeting immediate needs with a long-term strategy of achieving an
adequate standard of living depends on the context in each country, region and
community. States must address these challenges through comprehensi ve planning,
both for the short and the long term.
92. Any decisions on the adoption of certain technologies, types of services,
management models and the prioritization between different measures must be
taken on the basis of active, free and meaningful participation of all those
concerned. South African courts have developed the concept of “meaningful
engagement”, which stipulates requirements for the process of decision-making. In
the context of sanitation services, a court ruled that meaningful engagement requires
consultation with authorized representatives following the sharing of information
and technical support, where necessary. 15 It also voiced concern that a majority
within a community cannot approve arrangements in terms of which the
fundamental rights of a vulnerable minority within that community will be
violated. 16 In doing so, the Court highlighted the essential role of inclusion in
participatory processes to avoid that the process is captured by the elite, better -off,
majority group (see A/69/213).
V. Implications for monitoring
93. Monitoring can play an important role in assessing whether States meet their
human rights obligations. The Committee on Economic, Social and Cultural Rights
uses the concepts of core obligations and reasonableness to assess whether States
comply with their human rights obligations. Human rights monitoring can provide
detailed, contextualized analysis, using both qualitative and quantitative data.
Indicators developed by the Office of the United Nations High Commissioner for
Human Rights provide significant guidance for this process. Sectoral water,
sanitation and hygiene monitoring in the context of development cannot fully
monitor the progressive realization of the human rights to water and sanitation. Yet,
it can provide useful tools that support human rights monitoring.
94. The WHO/UNICEF Joint Monitoring Programme, particularly as it expands to
monitor the sustainable development goals, is a useful tool for monitoring some of
the aspects of service provision and relevant human rights criteria, including the
combination between types of services and normative contents such as availability,
quality, safety, accessibility, affordability and privacy. An important development
__________________
15
16
22/24
Western Cape High Court of South Africa, Cape Town, Beja and others v. Premier of the Western
Cape (21332/10), judgement of 29 April 2011, para. 98.
Ibid., para. 99.
15-12500
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