A/HRC/45/10
effects.48 Therefore, reaching a specific standard of water quality is not a prerequisite for
implementing preventive measures to mitigate climate change.
Guideline: contextual and comprehensive approach
56.
The minimum core obligation and the obligation of progressive realization do not
imply following a step-by-step process with a recipe or a set of rigid elements and
instructions. Unlike the recipe for a specific dish, reconciling the duty to achieve both the
minimum core obligations and the obligation of progressive realization is more like
orchestrating an entire kitchen, looking over and keeping an eye on all aspects. Similarly,
States, while ensuring that the whole population enjoys the minimum core of the human
rights to water and sanitation, should concurrently plan how they will progressively realize
the rights and start to implement them. States need to extend the minimum core obligation
to all, but this should not stop them from simultaneously improving services to some.
Without a preset order of implementation, States could, while implementing some of the
minimum core obligations, make progress on other elements. This becomes clearer when
we look at the widespread practice of decentralization of water and sanitation services: a
local government can plan to implement the obligation of progressive realization without
waiting for other parts of the country to fulfil their minimum core obligations.
D.
Retrogression
57.
Retrogression refers to direct or indirect measures that lead to backward steps in the
enjoyment of human rights. 49 A clear example of direct retrogression and a violation of
human rights to water and sanitation is the disconnection of water services because of the
inability to pay. Another example is when unjustified or disproportional decisions taken by
the State in public expenditures devoted to water and sanitation translate into retrogression
in access to services. This can occur as a result of a deterioration of the infrastructure, a
degradation of the water quality or a decrease in safety of sludge management. Other
retrogressive measures range from steadily diminishing the budget for water and sanitation
programmes, firing essential technical staff, giving authorization to a project that will
negatively affect access to water for communities and placing restrictions on social security
benefits, particularly by removing or decreasing subsidies for access to water.
58.
Additionally, the prohibition of retrogression may equally place an obligation on
States to reduce or mitigate factors that might increase the risk of retrogression in the future.
This obligation is well illustrated when we look at the mitigation and adaptation measures
that need to be taken in response to climate change, particularly measures aimed at ensuring
water availability. If left unchecked, the effects of climate change will continue to have a
devastating impact on the people, particularly those in vulnerable situations, to enjoy their
rights to water and sanitation. Therefore, it is vital for States to take an active role both in
establishing mitigation measures to prevent the effects of climate change and in ensuring
that those effects are taken into account when planning how to progressively realize the
human rights to water and sanitation.
Guidelines: prevention and sustainability
59.
The principle of sustainability can guide States to avoid taking steps that would
amount to retrogression and to reduce or mitigate factors that would lead to a risk of
retrogression in the future. In the context of water and sanitation, sustainability is relevant
in respect of various dimensions. For water availability, the overexploitation of water
resources by agro-industry and in water-intensive megaprojects could lead to a failure to
prioritize allocation of water for personal and domestic usage for both present and future
generations.50 As for affordability, the principle of sustainability recognizes that some form
of tariffs may need to be charged to users in order to ensure adequate levels of investment
to progressively realize the human rights to water and sanitation. At the same time, from a
human rights perspective, States should be aware of the fact that tariffs and other service
48
49
50
Submission from Finland.
A/HRC/24/44, para. 14.
A/74/197, paras. 19–22.
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents