A/HRC/45/10
established, addressing specificities in areas such as informal settlements and hard-to-reach
populations by taking into account demographic, geographic and institutional elements. 11
15.
The horizontal approach implies a wide range of elements or baselines that States
should take into account in making decisions. To identify those steps towards equal access,
the Special Rapporteur recommends that States take into account the social, economic,
political, cultural and environmental context in assessing the best strategy from a human
rights perspective. Specifically:
(a)
What groups and areas have been left behind and do not have adequate access
to water and sanitation? What inequalities have emerged related to access? Are the water
and sanitation services actively contributing to reducing inequalities? What steps are being
taken to address these inequalities and discrimination through national policies,
programmes and other decision-making processes?
(b)
What are the relevant social, economic, political, cultural and environmental
elements that affect the extent to which different types of services comply with human
rights? Do these elements inform policies and plans?
(c)
In what ways are the human rights to water and sanitation integrated into the
choice of water and sanitation services, so as to ensure that the services are available, safe,
acceptable, accessible and affordable to all and that they uphold privacy and dignity?
(d)
Have the current water and sanitation services been established with the free,
prior and informed consent and with active, free and meaningful participation?
(e)
Does the population using the service have access to information regarding
the management and costs of the services, and how the services were chosen?
(f)
How are the services being monitored? Are all relevant actors held to account
for any violations of the human rights to water and sanitation?
16.
Following an assessment, States should identify ways to address the questions and to
continuously and progressively fulfil the human rights to water and sanitation. In doing so,
States should use the concept of maximum of available resources as an operational
guideline.
III. Maximum of available resources
17.
While many elements of economic, social and cultural rights can be realized without
significant resources, full realization is contingent on the availability of resources to
implement those rights. Therefore, States parties to the International Covenant on
Economic, Social and Cultural Rights are obliged to utilize the maximum of available
resources to meet their obligations. In the context of water and sanitation, using the
maximum of available resources is important, as achieving universal coverage of human
rights-compliant services may be constrained by limited resources.
18.
The concept of maximum available resources operates as a qualifier of how States
are fulfilling the obligation to progressively realize economic, social and cultural rights. It
qualifies both why a State has failed to meet that obligation and how States should
progressively realize them. Firstly, limited available resources may constitute constraints to
the progressive realization of rights, particularly for developing States. Secondly, the
concept functions as a framework and a methodology for States to operationalize and
implement the obligation of progressive realization. This affords States some level of
flexibility, which in turn creates a need to clarify implementation standards and to provide a
clearer interpretation of several aspects of what is meant by “maximum of available
resources”.
11
Submission from Colombia.
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