A/HRC/6/3
page 16
29. CESCR general comment No. 15 stresses that the most critical target is to ensure the
affordability of the minimum amount of water sufficient for essential personal and domestic uses
to prevent disease.52 Governments have a wide margin of discretion in choosing the most
appropriate means to make water affordable.
III. NATURE OF HUMAN RIGHTS OBLIGATIONS
A. Duty bearers
30. International human rights law places obligations on States to promote and protect human
rights. While States carry legal obligations in relation to human rights, either as a result of
ratifying human rights treaties or under customary international law, other actors such as
transnational corporations and other business enterprises, intergovernmental organizations and
individuals also have a role in respecting and promoting human rights.
31. The consultation process raised the question of the responsibilities of transnational
corporations and other business enterprises in relation to access to safe drinking water and
sanitation. It identified the increasing societal expectation that companies ensure that their
operations do not compromise access to safe drinking water and sanitation. The nature and scope
of the responsibilities of business enterprises under international human rights law is currently
being explored by the Human Rights Council through the mandate of the Special Representative
of the Secretary-General on the issue of human rights and transnational corporations and other
business enterprises.53 Through the United Nations Global Compact and other voluntary
initiatives, a number of companies have also committed to respect and ensure respect for human
rights in the conduct of their operations. Submissions received by the private sector during the
consultation process also highlight the fact that various private water providers support
recognition of access to safe drinking water as a human right.
B. Obligations
32. Human rights obligations in relation to access to safe drinking water and sanitation can be
derived from various treaties, notably the International Covenant on Civil and Political Rights
(ICCPR) (the right to life and the prohibition of torture) and the International Covenant on
Economic, Social and Cultural Rights (ICESCR) (the right to an adequate standard of living, the
right to adequate housing, the right to food and the right to health).
33. The ICCPR requires States parties to respect and ensure civil and political rights and to
prohibit discrimination in law or in fact in any field regulated and protected by public
authorities.54 Under the ICESCR, States parties have the obligation to ensure that economic,
52
Paras. 12, 27 and 37 (a).
53
See for instance A/HRC/4/35.
54
Human Rights Committee, general comment No. 18 (1989) on non-discrimination.
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