A/70/203
When everyone has access to at least an essential level of service, States have the
obligation to progressively realize the human rights to water and sanitation in order
to achieve an adequate standard of living for all.
87. The strength of the human rights framework lies in combining the priority on
achieving an essential level of service for all with the concept of progressively
improving services together with the framework of substantive equality. Assessing
who is unserved or underserved through the lens of non -discrimination and equality
demands policymakers to address the structural causes for which many people have
been disadvantaged through comprehensive measures.
C.
Addressing practical challenges in prioritization
88. The human rights framework is very clear in stating that States must not allow
their investment strategies to favour better-off neighbourhoods over more
disadvantaged communities. In many instances, disadvantaged communities that do
not even enjoy an essential level of water, sanitation and hygiene services have
needs that must be met immediately. Meeting these immediate needs may require
more basic solutions at initial stages, even if that implies a se cond investment later
to upgrade these services. However, such planning decisions must take great care
for double investments to not represent an irresponsible use of public funds and a
possible compromise of other human rights. The human rights framework does not
allow States to ignore the immediate needs with promises of a long -term strategy
that will eventually reach the entire population, including the most marginalized and
disadvantaged individuals and communities. The human rights framework conveys
an urgency to meet and prioritize these needs. In a judgement on the rig ht to
housing and related socioeconomic rights, including water and sanitation, the South
African Constitutional Court articulated that the Government must adopt
programmes that are balanced and flexible, and take account of short-, medium- and
long-term needs. 12 In balancing these requirements, States must not neglect the parts
of the population whose needs are most urgent, but must take these needs into
account immediately, and must ensure that a significant number of people in
desperate need are afforded relief. 13
89. All too often, the immediate needs of those who lack access to even basic
services lose out over improvements in service for those who already enjoy an
essential level of service. The most recent report by WHO and UN -Water finds that
funding for basic services is even decreasing and only 21 per cent of water and
sanitation aid is directed to basic systems, while overall aid to the sector is
increasing. 14 Investing in basic systems can be seen as a proxy for reaching
unserved populations. The human rights framework demands that States reverse
these trends and put greater emphasis on achieving at least essential levels of
service for everyone, while keeping in mind that the goal must be to achieve an
__________________
12
13
14
15-12500
Constitutional Court of South Africa, Government of the Republic of South Africa and Others v.
Grootboom and Others, 2000 (11) BCLR 1169 (CC), para 43.
Ibid., para. 68.
World Health Organization and UN-Water, Investing in Water and Sanitation: Increasing Access,
Reducing Inequalities — UN-Water Global Analysis and Assessment of Sanitation and DrinkingWater (GLAAS) 2014 Report (Geneva, 2014).
21/24