the human right to water and sanitation in emergency situations

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resources, with a view to achieving progressively the full realization 16 ” of such rights. In this respect it must
at the very least ensure access to rights essential to survival (such as food and water, basic shelter, medical
services and sanitation) and also request international assistance when its own resources are insufficient.
2.2. Key human rights instruments
The Universal Declaration of Human Rights (UDHR), adopted in 1948 by the United Nations General
Assembly, is among the very first human rights instruments to have been drawn up by that body. This
declaration establishes the main civil, cultural, economic, political and social rights to which all persons are
entitled, without discrimination of any kind. Although a non-binding instrument per se, many of its principles
constitute customary law and/or have been incorporated into treaties, thus gaining binding force.
Building upon the UDHR and incorporating its principles into legally binding instruments are two covenants
that, taken together with the Optional Protocols thereto and the UDHR constitute the International Bill of
Human Rights. These covenants are:
- The International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966)
- The International Covenant on Civil and Political Rights (ICCPR, 1966);
BoX 3 - nature of the legal obligations under human rights instruments 17
Progressive obligations. The principal obligation incumbent upon States under international
human rights standards on economic, social and cultural rights is to achieve, progressively, the
full realization of these rights according to the maximum of available resources. It is the duty of
States to take deliberate, concrete and targeted steps, as “expeditiously and effectively as possible”
towards fulfilling these rights. Such steps might include adopting legislation or administrative,
economic, financial, educational or social reforms, or establishing action programmes, appropriate
oversight bodies and judicial procedures.
Immediate obligations include:
- The duty to “take steps”. The concept of progressive realization of rights does not justify
government inaction on the grounds that a state has not reached a certain level of economic
development. Conversely, taking steps to limit a right or taking retrogressive steps, for example by
massively reducing investment in education or health services, can only be justified by an analysis
of all the resources available to the state (including those available through international cooperation)
and of the full range of obligations it faces.
- The duty not to discriminate. The adoption of laws, policies or practices that have a direct or
indirect discriminatory impact on the ability of people to realize their rights amounts to a human
rights violation.
- The duty to prioritize the most vulnerable. States should actively reach out to marginalized
and excluded populations, who are the ones facing the greatest barriers to realizing their rights.
These people are the ones who should be given “first call” when allocating resources.
16 / ICESCR, Art 2.1
17 / Committee on Economic, Social and Cultural Rights, General Comment 3, The Nature of States Parties’ Obligations,
UN Doc. E/1991/23.
© ACF - THE HUMAN RIGHT TO WATER AND SANITATION IN EMERGENCY SITUATIONS