A/66/255
in water and sanitation have a crucial impact in achieving other Millennium
Development Goals, such as reduction of maternal mortality, achievement of
universal primary education, empowerment of women and reduction of child
mortality. Water and sanitation must figure more prominently in the priorities of
Governments, both domestically and internationally, if all of the Goals are to be
achieved and the rights to water and sanitation fully realized.
A.
Incorporating human rights into traditional financing mechanisms
13. Although human rights law recognizes that States often have limited means,
they are nonetheless required to work progressively to fully realize the rights to
water and sanitation. The principle of progressive realization acknowledges that
fully implementing economic, social and cultural rights is a long-term process, but
affirms that States must progress over time, taking deliberate, concrete and targeted
steps towards meeting the obligations recognized in the International Covenant on
Economic, Social and Cultural Rights, 14 in order to move as expeditiously and
effectively as possible towards fulfilment of those rights. 15 Running corollary to
this principle is the prohibition of deliberately retrogressive measures.15 States
which renege on their basic obligations and reduce protection for a particular right
bear the burden of proof to show that such measures are justified by reference to the
totality of the rights provided for in the Covenant and in the context of full use of
the maximum available resources.15
14. With a view to achieving progressively full realization of the rights to water
and sanitation, each State is obliged to take steps to the maximum of its available
resources 16 and cannot justify neglect of its human rights obligations based on
assertions that it lacks the necessary funds or human resources. 17 Rather, there is a
positive obligation for States to mobilize resources from those living within their
borders and, where necessary, the international community. 18 Regardless of the
funding sources that a State chooses, it must always ensure that there are
corresponding mechanisms in place to support transparency, public participation and
accountability.
15. It is not enough, however, for States to mobilize a large amount of resources
for the water and sanitation sector without also ensuring that they are spent in ways
that have the greatest possible impact on achieving universal realization. States
should look to maximize results by, inter alia, developing sector-wide strategies and
strong regulatory frameworks; working to increase awareness and demand for water
and sanitation services; and investing in low-cost, high-efficiency technologies,
where appropriate. Emerging strategies in the area of quantitative assessment make
it possible to monitor whether the maximum of available resources are directed
towards the realization of economic, social and cultural rights, including the rights
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14
15
16
17
18
6
General Comment No. 3 (1990) of the Committee on Economic, Social and Cultural Rights,
para. 2. Official Records of the Economic and Social Council, 1991, Supplement No. 3
(E/1991/23), annex III.
Ibid., para. 9
Article 2 of the International Covenant on Economic, Social and Cultural Rights (General
Assembly resolution 2200 A (XXI), annex).
General Comment No. 3 (1990) of the Committee on Economic, Social and Cultural Rights,
para. 10.
Balakrishnan, Elson and Patel, Rethinking Macro Economic Strategies, p. 8.
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