Common violations of the human rights to water and sanitation 2014, para. 49
Paragraph- Paragraph text
- The obligation to ensure minimum essential levels of water and sanitation is considered an immediate obligation. However, huge numbers of people lack access to even basic services, and more than one billion people practise open defecation. Where a State has the capacity and resources to ensure minimum essential levels of rights, this obligation must be met immediately. In many instances, it can be achieved with a redistribution of resources and comprehensive strategies and plans aimed at achieving universal access. However, the human rights framework does not demand the impossible. There are situations where States lack the capacity to ensure access to basic services for all immediately. In such circumstances, human rights law requires that addressing such massive deprivations related to the minimum essential levels of the rights to water and sanitation be accorded the highest priority. A State "must demonstrate that every effort has been made to use all resources that are at its disposition in an effort to satisfy, as a matter of priority, those minimum obligations". Hence, where minimum essential levels are not ensured, the State is, prima facie, violating human rights, and it bears the burden of proof to demonstrate that it lacks the capacity to do so.
- 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
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Other
- Paragraph number
- 49
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