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to water and sanitation. 19 Human rights law also requires States to actively promote
non-discrimination. 20 States must prioritize their spending to target groups and
communities with the greatest need.
16. While some aspects of the rights to water and sanitation are subject to
progressive realization, human rights law also contemplates obligations of
immediate effect that should dictate State priorities and decision-making in the short
term. 21 In the context of the rights to water and sanitation, this involves, inter alia,
prioritizing access to minimum essential levels of water and sanitation on a
non-discriminatory basis; adopting and implementing a national water and sanitation
strategy; and beginning to monitor the extent of the realization of the rights to water
and sanitation. 22
B.
Sources of financing
17. Beyond investing in efficient technology and prioritizing basic needs, States
should also look to diversify and optimize sources of funding for the water and
sanitation sectors, including tariffs and user contributions, national and local tax
revenue, and international assistance, whether in the form of grants or loans. Many
projects to extend access will involve a combination of different sources of
financing.
18. Incorporating human rights principles, such as accountability, participation and
non-discrimination, into financing mechanisms will enhance their impact by
ensuring that resources are distributed so as to focus on improving access to water
and sanitation services for those who currently have no or inadequate access.
1.
Household and user contributions
19. The Special Rapporteur stresses that a human rights framework does not
require that water and sanitation services be provided free of charge. Obtaining
water at no cost may actually harm low-income households by depriving service
providers of the revenue needed to expand and maintain the service, and risks being
unsustainable. 23 Further, resistance to payment does not always rest with the most
disadvantaged and low-income communities which are not connected to the formal
network and thus pay considerably more per litre for water from informal vendors.
For the people in those communities, paying for formal service provision is often a
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20
21
22
23
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See, for example, E. Felner, “A new frontier in economic and social rights advocacy? Turning
quantitative data into a tool for human rights accountability”, International Journal on Human
Rights, No. 9 (December 2008); and S. Fukuda-Parr, T. Lawson-Remer and S. Randolph,
“Measuring the progressive realization of human rights obligations: an index of economic and
social rights fulfilment” Economic Rights Working Paper Series, No. 8 (Storrs, Connecticut,
University of Connecticut Human Rights Institute, August 2008).
International Covenant on Economic, Social and Cultural Rights, art. 2, para. 2.
General Comment No. 3 (1990) of the Committee on Economic, Social and Cultural Rights,
para. 10.
General Comment No. 15 (2002) of the Committee, para. 37.
World Water Council, Enhancing Access to Finance for Local Governments: Financing Water for
Agriculture, Task Force on Financing Water for All, Report No. 1 (Marseilles, France, March 2006),
p. 6. Available from www.pseau.org/outils/ouvrages/wwc_task_force_financing_water_for_all.pdf
(accessed 9 August 2011).
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