A/HRC/45/10 of their expenditure as a whole.62 The Special Rapporteur finds that carrying out a dynamic analysis, which involves comparing the evolution of the realization of human rights over time, would be more suitable. The data set of two or more points in time can be checked against indicators and benchmarks identifying whether States are making adequate progress towards achieving the human rights to water and sanitation. 68. A specific example of dynamic monitoring of the human rights to water and sanitation can be found in the Special Rapporteur’s follow-up analysis project, which assesses the implementation of the recommendations he made in official country visit reports.63 During a total of 9 official country visits, the Special Rapporteur assessed the human rights situation of the country at the time of the visit. On the other hand, through the follow-up analysis project, the Special Rapporteur dynamically assessed the human rights situation comparing the situation at the time of the visit to the time when the follow-up analysis was carried out. For the follow-up assessments, the interpretation of the progressive realization was introduced in five categories: good progress, progress ongoing, limited progress, progress not started and retrogression. 69. The category “limited progress” describes situations in which actions have been taken that are not targeted towards the realization of the human rights to water and sanitation; moreover, the actions are not deliberate or concrete. For instance, simply upgrading the national information and communications technology system does not necessarily lead to a better distribution of information related to accessing water and sanitation services. In “limited progress” situations, action is taken but progress is slow, as when a bill has been drafted but remains stuck at the same procedural stage for several years without making any progress. Furthermore, in “limited progress” situations the action taken addresses the short term and does not tackle structural and systemic issues. The category “progress ongoing” describes situations where action has been taken to implement recommendations but implementation remains partial, as when menstrual hygiene has been promoted in institutional facilities but not yet in schools. In “progress ongoing” situations, relevant action has been taken to address the recommendations but the outcome of the action is unclear, as when water quality standards and improvements are established. Finally, the category “good progress” refers to situations in which implementation has been successful or is imminent. 70. In monitoring the progressive realization of the human rights to water and sanitation it is necessary to adopt an integrated, comprehensive approach that includes several dimensions: firstly, the normative content should be assessed separately, to allow for an indepth assessment that takes into account qualitative dimensions; secondly, that separate assessment should be complemented by an integrated assessment that cuts across the entire normative content and also the human rights principles; and, thirdly, the normative content needs to be assessed against the usage of the maximum available resources. B. Monitoring mechanisms 71. At the international level, the human rights treaty bodies play a notable role in monitoring States’ obligation to progressively realize rights. When the Committee on Economic, Social and Cultural Rights reviews States parties’ compliance with Covenant obligations, it prepares a list of issues that often lacks specific requests for information on access to water and sanitation, often subsuming the monitoring of the human rights to water and sanitation under the dimension of the rights to an adequate standard of living and health. Therefore, the monitoring of binding obligations is left to peer review mechanisms such as the universal periodic review and to regional human rights mechanisms such as the Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes. In addition, bodies such as the WHO-UNICEF Joint Monitoring Programme for Water Supply, Sanitation and Hygiene and other statistical bodies also play a monitoring role – not necessarily linked to the human rights framework – 62 63 18 Lillian Chenwi, “Unpacking ‘progressive realisation’, its relation to resources, minimum core and reasonableness, and some methodological considerations for assessing compliance”, De Jure Journal, vol. 742 (2013), pp. 742–769. A/HRC/39/55, annex.

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