Sustainability and non-retrogression in the realisation of the rights to water and sanitation 2013, para. 16
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- The Committee on Economic, Social and Cultural Rights has addressed retrogression mainly in the context of decisions by States to adopt austerity measures that may have a negative impact on the realization of human rights. Hence, its focus has been on criticizing measures that are deliberately retrogressive. However, in line with the scope of her report, which examines not only times of crisis, but also broader challenges of ensuring sustainability in times of economic growth, the Special Rapporteur considers it necessary to look at retrogression more broadly. Even if not deliberately regressive, some State acts, as well as omissions, may have a retrogressive effect. Where States fail to ensure adequate operation and maintenance, where they fail to implement adequate mechanisms for regulation, monitoring and sector oversight, or where they fail to build and strengthen their capacity in the long term, the result may be unsustainable interventions that lead to slippages in access to water and sanitation and retrogression in the realization of the human rights to water and sanitation. While such retrogression cannot always be avoided, the human rights framework puts forward certain requirements for States even where retrogression is non-deliberate: States must act with care and deliberation, exercise due diligence to assess the impacts of their actions and omissions on the realization of human rights, and adjust their policies and measures as soon as they become aware that current policies might lead to unsustainable results.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Other
- Paragraph number
- 16
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