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Part V: Implementation at the national level
The International Covenant on Economic, Social and Cultural Rights imposes a duty upon States Parties to take whatever steps are necessary to ensure that everyone enjoys the rights contained therein as soon as is practicably possible.
There is what is called a ‘margin of discretion’, which allows a state to choose the manner in which it fulfils its obligations under international human rights law. A state is able to decide which policies to adopt in order to ensure realisation of the rights within the context of the political, economic, religious, cultural and other characteristics of the state. Nevertheless, the margin of discretion does not mean that a state is free to pick and choose which rights to implement, nor that it might ignore the rights of a particular section of the community.
General Comment 15 reaffirms the margin of discretion allowed to States Parties under international human rights law, at the same time stressing that states are obliged to utilize:
‘all appropriate means, including particularly the adoption of legislative measures in the implementation of their Covenant obligations.’
Part V goes on to provide guidelines on three main areas in the implementation of the right to water at the national level:
- The formulation, implementation and monitoring of legislation, strategies and policies;
- The identification and application of suitable, sufficiently disaggregated indicators and benchmarks for monitoring States Parties compliance with their obligations and progress towards the full realisation of the right to water
- The provision of access to effective judicial or other appropriate remedies at both national and international levels for any persons or groups who have been denied their right to water
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