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example through waste from State-owned facilities or through use and testing of
weapons; and limiting access to, or destroying, water services and infrastructure as a
punitive measure, for example, during armed conflicts in violation of international
humanitarian law”;259
to protect the right to water by preventing third parties from interfering in any way
with its enjoyment through the adoption of measures to restrain “third parties from
denying equal access to adequate water; and polluting and inequitably extracting from
water resources, including natural sources, wells and other water distribution
systems”260, and through the establishment of an effective regulatory system to
govern the provision of water services by third parties;261
to fulfil the right to water by taking positive measures to assist individuals and
communities to enjoy the right; by taking steps to ensure that there is appropriate
education concerning the hygienic use of water, protection of water sources, and
methods to minimize water wastage; and by providing the right when individuals or a
group are unable, for reasons beyond their control, to realize that right themselves by
the means at their disposal.262
As with the right to food, States have a general obligation under the ICESCR to cooperate
with others to achieve the full realization of this right.263 This obligation to cooperate is
strengthened by the UNFCCC, which requires State parties to give the specific needs of
developing countries full consideration264 and to “cooperate in preparing for adaptation to
the impacts of climate change; develop and elaborate appropriate and integrated plans for
coastal zone management, water resources and agriculture.”265
Right to Sanitation
The Independent Expert on the issue of human rights obligations related to access to safe
drinking water and sanitation observed that States are obliged to invest the “maximum
available resources” in the attainment of the right to sanitation under human rights
standards. Human rights standards
also require the use of resources in ways that have the greatest possible impact on
achieving universal realization of these rights, by prioritizing essential levels of access
to the most marginalized. In times of prosperity, spending on water and sanitation
has to include planning, independent monitoring, establishment of accountability
mechanisms, and operation and maintenance, so as to enable the progressive
realization of the rights even during times of crisis, hence preventing slippages and
retrogression.266
These requirements imply the mobilisation of fiscal policies and taxes, and the appropriate
targeting of available resources.
This right does not, on the other hand, oblige States to provide everyone with access to a
sewage system, to provide individual facilities in every home, to provide sanitation free of
charge for all, or to prohibit the privatization of sanitation services in certain circumstances.
Rather, States must “show that they are taking steps to the maximum of their available
resources to ensure at least minimum essential levels of sanitation for all people, and they
must ensure that they are not discriminating against certain groups in providing access.”267
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