A/HRC/45/10
minimum that must be guaranteed for all persons in all contexts. 28 It indicates a minimum
below which no State should perform, even in unfavourable conditions or against any
compelling interests. In simple terms, the minimum core content of each right can be
compared to a floor below which the conditions should not be permitted to fall and a house
providing feasible structure and an enabling environment for people to enjoy entitlements
as part of their rights. Within the framework of international human rights treaties, this
minimum essential level or essence of a right translates into States’ obligations. Each
human right enshrined in the International Covenant on Economic, Social and Cultural
Rights has been determined to contain a set of minimum core obligations that States parties
are obliged to meet immediately and maintain at all times. 29 Compliance with the minimum
core obligations is intrinsically linked to the long-term objective of progressively realizing
the human rights to water and sanitation.
A.
Minimum core as a floor: minimum standards
32.
In the context of the human right to water, the Committee on Economic, Social and
Cultural Rights, in paragraph 37 of its general comment No. 15 (2002) on the right to water,
stipulated nine minimum core obligations as an initial baseline. Even though the Committee
does not make any explicit reference to the core obligation of the right to sanitation, it can
be assumed as what every person needs for health and survival and to live in dignity. 30 The
standard set by the Committee provides a general framework but it does not, however,
provide sufficient guidance for States to comply with those obligations, and needs to be
complemented by practical elements.
33.
Does the minimum standard refer to 25 litres of water per person per day or to a
latrine 500 metres away from the house? To the disappointment of many practitioners,
international human rights law does not offer a prescriptive, simple answer to such
questions. The reason behind such a lack of prescriptive standards becomes clear when we
contextualize the questions. The daily intake of water depends on the age and health status
of a person, as well as the climate of the area where he or she lives, among other factors.
The amount of water required by women for their personal hygiene and for drinking differs
from that required by men, just as it might differ from that required by a person who
regularly takes a particular medicine. For a range of reasons, some people require more
water than others. 31 Taking these contextual elements into account, the human rights to
water and sanitation provide guidance that we must ensure an adequate standard of living,
which could, for instance, require a latrine or toilet inside the house, an adequate quantity
of water supplied or a water tap within the home for handwashing, as well as adequate
facilities to practice menstrual hygiene.
34.
The minimum standard required by each individual differs according to the context
and cannot apply universally. It therefore follows that the core minimum obligations need
to be set taking into account that context. Human rights require a transformation to the
qualitative approach and moving towards questions centred on people and the social and
economic environment in which they live and work. Therefore, the Special Rapporteur does
not attempt to set or suggest minimum core obligations of the human rights to water and
sanitation. Instead, he provides conceptual and empirical elements to inform States’
processes for complying with the minimum core obligations of the human rights to water
and sanitation.
1.
Availability
35.
The availability of water and sanitation requires States to ensure access to the
minimum essential amount of water that is sufficient and safe for personal and domestic
uses to prevent disease. 32 In specifying the “minimum essential amount” of water, the
Committee on Economic, Social and Cultural Rights notes that while 20–25 litres per
28
29
30
31
32
Committee on Economic, Social and Cultural Rights, general comment No. 3, para. 10.
Ibid.
A/HRC/39/55, para. 14.
Committee on Economic, Social and Cultural Rights, general comment No. 15, para. 12 (a).
Ibid., general comment No. 15, para. 37 (a).
9
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