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).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents