A/HRC/45/10
B.
Minimum core as a house: an enabling environment
1.
Policies, laws and regulations
44.
The minimum core obligations under the International Covenant on Economic,
Social and Cultural Rights include initial and immediate steps that States need to take in
order to adopt and implement a national water and sanitation strategy and plan of action
addressing the whole population, with a specific focus on those in vulnerable situations. 39
They also include efforts to make the human rights to water and sanitation justiciable by
explicitly recognizing the human rights to water and sanitation in the domestic legal system.
These are of immediate effect and constitute part of the State’s minimum core obligations.
45.
In the water and sanitation sector, creating an enabling environment involves
building and maintaining institutions, regulations and processes that ensure a sustainable
provision of services.40 In a human rights context, this enabling environment requires States
to ensure that actors are bound to realize human rights, with the creation of mechanisms to
hold them accountable. Central to this is the introduction of domestic legal and regulatory
frameworks that recognize the human rights to water and sanitation, which generates a legal
foundation for clarifying the roles and human rights obligation and responsibility of
accountable actors, their obligation to provide clarification and information and to establish
enforcement mechanisms to hold actors accountable.41
2.
Non-discrimination and equality
46.
The Committee on Economic, Social and Cultural Rights has stated that States’
minimum core obligations encompass the obligation to ensure equitable distribution of all
available facilities and services. 42 In other words, water and sanitation services must be
provided on a non-discriminatory basis and it is not adequate to proceed as if all are
departing from an equal baseline in terms of their likelihood to get access to services.
Rather, those who are unserved or underserved must be afforded greater attention to ensure
that the disparity between the unserved and served is progressively eliminated. Efforts to
end inequalities in access to water and sanitation must be undertaken in a comprehensive
manner, ensuring that communities are able to actively participate in the process and to
convey their concerns and understandings about the services they are receiving and the
services they want and need. Such participation should be carried out with full access to
information, including information on the level of services that the participants are afforded
compared to the services provided to other groups.
47.
As a prerequisite step for achieving their minimum core obligation to ensure equal
distribution of services, States must identify and monitor grounds of discrimination and the
underlying structural causes of discrimination using disaggregated data. The specific set of
grounds of discrimination prohibited by international human rights law provides helpful
guidance on the variables that should be used in data disaggregation in order to identify and
address persisting inequalities.
V. Implementation of the obligation of progressive realization
48.
The obligation of progressive realization reflects the need of States to move beyond
the minimum levels of water and sanitation services and need to use the maximum of their
available resources. That said, there is a notable absence of clarity regarding how these
obligations are or can be translated into national realities in the water and sanitation sectors
and how States’ adherence to these obligations can be properly monitored. Without clarity
as to what constitutes the minimum core obligation of the human rights to water and
sanitation and the concrete steps to fulfil the obligation of progressive realization, little has
been done to explore the way States should implement their obligations under the
39
40
41
42
12
Committee on Economic, Social and Cultural Rights, general comment No. 15, para. 37 (f).
UNICEF, Strengthening Enabling Environment for Water, Sanitation and Hygiene (WASH):
Guidance Note (May 2016).
A/73/162.
Committee on Economic, Social and Cultural Rights, general comment No. 15, para. 37 (e).
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