A/HRC/45/10 II. Progressive realization 6. The fulfilment of the human rights to water and sanitation cannot be accomplished in a short time frame and is often dependent on the availability and use of resources. In other words, States are required to take steps aimed at the progressive realization of those rights. In simple terms, the progressive realization can be defined and dissected by asking questions such as: where do you stand now, what are the challenges, what steps need to be taken to overcome those challenges, in what time frame and mobilizing what resources? Under international human rights law, this is translated into the States’ duty to take steps to progressively realize rights which constitute States’ binding obligation (International Covenant on Economic, Social and Cultural Rights, art. 2 (1)). 7. In the context of water and sanitation, the obligation of progressive realization requires analysing how the country has progressed in terms of service provision and what plans are in place, envisioning the expansion and improvement of those services while being compliant with the human rights to water and sanitation. It does not, however, simply mean a gradual improvement in and expansion of service levels but also calls for decreasing inequalities, as expeditiously and effectively as possible, between different groups and populations. States must clearly identify the requirements needed to achieve equal access, to an adequate level, of those services for all people without discrimination. Furthermore, they must take deliberate, concrete and targeted steps to the maximum of their available resources.6 8. Progressive realization does not mean that States can implement their obligations in a piecemeal fashion by choosing selected elements of the normative content or human rights principles. In acknowledging the vital task of States to progressively work towards compliance with the entirety of the framework of the human rights to water and sanitation, the question then is how to move towards the full realization of those rights, what does such movement look like and what does it mean for States to take steps? The specific steps taken might depend on the context – for example, on the level of water and sanitation development in a given State. Regardless of the dynamic contextual elements, what is clear in all contexts are two different strategies: progressively improving the level of service towards fully meeting the normative content of the human rights to water and sanitation and human rights principles (vertical realization); and progressively moving towards equal enjoyment of the human rights to water and sanitation by targeting the unserved and underserved (horizontal realization).7 A. Towards higher levels: vertical realization 9. Many practitioners understand the obligation of progressive realization as a focus on elevating the level of water and sanitation service provision, assuming that a higher level of services means better meeting human rights standards. Many who have such a focus then ask: what does a higher level mean? The answer is not left entirely to the discretion of States themselves but, rather, has been authoritatively determined through recognition of several criteria, known as the normative content of rights. Steps that States can take to progressively realize some of those criteria – namely, availability, accessibility and quality – are reflected in the Sustainable Development Goals framework through the “ladders” adopted by the Joint Monitoring Programme for Water Supply, Sanitation and Hygiene of the World Health Organization (WHO) and the United Nations Children’s Fund (UNICEF).8 The ladders are based on progression in terms of technical specifications of water and sanitation services. The ladder for water and sanitation includes the following five levels (from lower to higher): surface water/open defecation, unimproved, limited, basic and safely managed. Hygiene is represented by handwashing, which encompasses three levels: no facility, limited and basic. 6 7 8 Committee on Economic, Social and Cultural Rights, general comment No. 15 (2002) on the right to water, para. 17, and general comment No. 3 (1990) on the nature of States parties’ obligations, para. 2. A/70/203, para. 80. See https://washdata.org/monitoring. 3