A/HRC/6/3 page 17 social and cultural rights are enjoyed without discrimination and to take steps, progressively and to the maximum of their available resources, to realize these. The term “maximum of available resources” refers to both financial and other resources existing within a State and those available through international cooperation. 34. Obligations in relation to access to safe drinking water and sanitation derived from the ICCPR are of an immediate nature, even when there are resource implications. Under the ICESCR, the obligations are of both an immediate and progressive nature. While universal access to safe drinking water and sanitation can be achieved over time within the limits of available resources, the obligations of non-discrimination and “to take steps” have immediate effect. Accordingly, States have to take immediate, deliberate, concrete and targeted steps to move as expeditiously and effectively as possible towards ensuring access to safe drinking water and sanitation, making the most efficient use of available resources. 35. The nature of States parties’ obligations under the ICESCR gives rise to three types of obligations, namely the obligations to respect, protect and fulfil. 1. The obligation to respect 36. The obligation to respect requires that Governments refrain from interfering with access to safe drinking water and sanitation. It includes, for instance, the obligation to avoid engaging in any practice or activity that denies or limits access to safe drinking water and sanitation, or that pollutes water. States must also guarantee that individuals have access to effective judicial or other appropriate remedies providing adequate reparation, including restitution, compensation, satisfaction or guarantee of non-repetition. 2. The obligation to protect 37. International law firmly establishes that States have a duty to protect against non-State human rights abuses within their jurisdiction.55 This duty requires steps by States to regulate and adjudicate abuses by all social actors. The obligation to protect requires that Governments ensure that third parties, including individuals, groups, corporations and other entities under their jurisdiction do not interfere with access to safe drinking water and sanitation. This obligation includes, for instance, the adoption of necessary and effective legislative and other measures to prevent third parties from denying access to safe drinking water and sanitation. 38. When water or sanitation services are operated by the private sector, States should ensure that such private provision does not compromise equal, affordable and physically accessible water and sanitation of a good quality. States must therefore regulate and control private water and sanitation providers through an effective regulatory system which includes independent monitoring, participation, and imposition of penalties in case of non-compliance. 55 Report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, 2007 (A/HRC/4/35).

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