A/HRC/45/10
10.
It is important to clarify that the levels reflected on the ladders do not include some
elements of the normative content, namely affordability, acceptability, privacy and dignity.
Also, the operationalization of the indicators for targets 6.1 and 6.2 does not capture the
human rights principles of affordability, equality and non-discrimination. 9 Due to these
limitations, monitoring States’ progress through the ladders, or the indicators, cannot be
considered as synonymous with the progressive realization of the human rights to water and
sanitation but, rather, as a proxy to it.
11.
By virtue of its definition, a ladder signals that States are expected to start at the
lowest rung and move up towards the top rung, which represents the highest level of access
possible. However, a State does not need to climb each rung of the ladder. Taking an
example from the handwashing ladder: starting from the lowest rung, where there are no
handwashing facilities, it is not necessary to take the intermediate step of making a new
facility available without soap and water – a State can jump that rung by making available a
facility where soap and water are also available. This simple example implies much more
complexity when it comes to the water and sanitation ladders. If a State plans to climb all
rungs, it may be required to invest twice in two different systems. For sanitation, as an
example, one technology (e.g., pit latrines) cannot easily be converted into another (e.g.,
sewers), which means that the lower rung system may need to be abandoned in order to
move to the higher rung. Therefore, progressively reaching higher levels of services calls
for adequate planning that is grounded in a human rights framework.
12.
There are various combinations of types of service, and each type of service
combined with a different management model presents unique solutions. However, all
solutions have different implications on the human rights to water and sanitation. As the
Special Rapporteur has illustrated previously, there are no perfect water and sanitation
services and many types can be adequate if they comply with human rights standards,
taking into account their “appropriateness” to the specific circumstances. 10 Conversely,
some types – even if placed on the highest rung of the ladder – might not be compliant and
might even provide outcomes far from human rights standards. An example is when the
solution is piped water or sewerage and the price charged to users is very high, affecting the
affordability of access, notably for people living in poverty.
B.
Towards equal access: horizontal realization
13.
The ladder used to monitor implementation of the Sustainable Development Goals,
or the vertical approach to the progressive realization, reflects – to a certain extent – the
underlying spirit of the progressive realization and partially addresses their normative
content. However, with its focus on the levels of water supply, sanitation and hygiene
services, the ladder alone is insufficient to assess all elements of the human rights to water
and sanitation.
14.
Therefore, the need for States to move beyond the minimum provision of water and
sanitation and to progressively realize the related rights should not be seen as merely
moving up the water supply, sanitation and hygiene ladder, particularly if this is only for
part of the population. Rather, progressive realization points towards the need for States to
take stock of the current situation of compliance with the human rights to water and
sanitation and identify how best to achieve the adequate level of services for all without
discrimination. Such a horizontal approach implies devising plans and schemes that aim to
reduce the gaps in access to water and sanitation among individuals and groups.
Furthermore, the horizontal approach is inclusive and encompasses elements beyond the
normative content of the human rights to water and sanitation. More clearly than the
vertical approach, it emphasizes human rights principles, including accountability, access to
information, participation, prevention and the right to remedy. An example of a possible
approach was reported in Colombia, where different schemes for rural and urban areas were
9
10
4
See www.ohchr.org/Documents/Issues/Water/OpenLetter_WHO_UNICEF_WASH.pdf.
A/70/203. See also Committee on Economic, Social and Cultural Rights, general comment No. 3,
paras. 4–5.
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