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

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