Planning for the realization of the rights to water and sanitation 2011, para. 65
Paragraph- Paragraph text
- The obligation to fulfil economic, social and cultural rights requires taking steps to the maximum of available resources. There has been much recent scholarship and a number of tools have been developed on assessing whether States are deploying the maximum of available resources towards guaranteeing human rights. One approach is to compare current budget allocations to past efforts to evaluate whether efforts have progressed, stagnated or regressed. A decrease would prima facie raise concerns. If past allocations to the sectors are evidently insufficient, a slight incremental increase based on yearly adjustments may not be sufficient, and a reallocation of funds would need to be considered. Another approach is a comparison between similarly situated countries. Such tools are not meant to provide definite answers on the use of maximum available resources, but can be used to prompt further inquiries. A decrease in the budget could be justified, for instance, when resources are used more efficiently and allocated to the most vulnerable and marginalized, or when economic conditions change, as long as the decrease is based on the most careful consideration and can be justified by reference to the totality of rights.
- 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)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Other
- Paragraph number
- 65
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