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
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