Defending Dignity A Manual for National Human Rights Institutions on Monitoring Economic, Social and Cultural Rights 2.4.5. Progressive realization and non-retrogression The idea that results can be achieved progressively – in other words, over time – is what differentiates the Covenant on Economic, Social and Cultural Rights from the Covenant on Civil and Political Rights. Nevertheless, States are still required to move as “efficiently and expeditiously” as possible towards the full realization of ESCR. For example, if the number of households that do not have access to drinking water stays the same, or only improves a small amount, over a decade, a strong case can be made that the State is not progressively realizing the right to water. In addition, States must not take “deliberately retrogressive” measures unless they have a justified reason to do so. In such cases, the State must “fully” justify the adoption of policies that decrease people’s enjoyment of a right and these policies must be: • Temporary • Necessary and proportionate (i.e. other options are more detrimental) • Not discriminatory (and there is a duty to mitigate inequalities) • Ensure the protection of minimum core content of rights. Taking the example above, if the number of households without access to drinking water actually increased over time, the State would have to articulate a very good reason for this. For example, it might be that a serious natural disaster had occurred and the State had prioritized shelter for those left displaced. 2.4.6. The duty to take steps The duty to “take steps” is an obligation of conduct with immediate effect. The duty comes directly from the wording of article 2(1) of the Covenant. Steps can be legislative, judicial, as well as “administrative, financial, educational and social”.10 The South African Constitutional Court has interpreted this duty to mean that the State must: assess the situation concerning each right; make a plan for realizing the right; adopt laws and policies to put the plan into action; and develop mechanisms for monitoring the situation, providing up-to-date disaggregated information. Similar interpretations to this are commonly used. Availability, accessibility, acceptability and quality Steps taken by States should translate into goods and services on the ground in a way that improves: • Availability: necessary goods or services must be available in sufficient quantities. • Accessibility: necessary goods (such as food or medicine) or services (such as healthcare or education) must be both physically and economically accessible to all in practice, without discrimination, and the community must have information about them • Acceptability and adaptability: necessary goods and services must be culturally and socially acceptable and adapted to the local context • (Adequate) Quality: necessary goods and services must be appropriate and adequate in standard and safety. Taken together, these standards are sometimes referred to as “AAAQ” or the “4As”. 10 26 Committee on Economic, Social and Cultural Rights (1990), General Comment No. 3: the nature of States parties’ obligations, U.N. Doc. E/1991/23, at para.7.