Common violations of the human rights to water and sanitation 2014, para. 46
Paragraph- Paragraph text
- A retrogressive measure is one that leads to a backward movement in the enjoyment of the human rights to water and sanitation. The Committee on Economic, Social and Cultural Rights has stated that the burden of proof rests with the State to show that the adoption of retrogressive measures was based on the most careful consideration of alternatives, that disadvantaged groups have been prioritized and that the measures can be justified by reference to the totality of the rights and by the fact that full use was made of available resources. The Committee has mainly expressed concern about measures that are deliberately retrogressive, in particular in the context of austerity measures. The Special Rapporteur has previously stated that even if not deliberately retrogressive, some acts and omissions may have a retrogressive effect, for instance where States fail to ensure operation and maintenance and services are unsustainable as a result. Even where retrogression is non-deliberate, the human rights framework obliges States to act with care and deliberation, to assess the impacts of their actions and omissions, and to adjust their policies and measures as soon as they become aware that current policies might lead to unsustainable results. States' failure to meet this obligation may result in human rights violations.
- 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
- 2014
- Paragraph type
- Other
- Paragraph number
- 46
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