A/66/265 dedicated to increasing the levels of enjoyment of economic, social and cultural rights.10 C. Right to participate in decision-making 24. Penalization measures are invariably designed and implemented without any meaningful dialogue with persons living in poverty. Their experiences and needs are almost always ignored, and this strengthens their sense of powerlessness. Thus, ensuring the right to effective and meaningful participation in decision-making by persons living in poverty is an essential prerequisite to the elimination of discrimination and poverty. 25. A human rights approach to poverty eradication dictates an active, free, informed and meaningful participation of persons living in poverty at all stages of the design, implementation and monitoring of policies affecting them. Genuine participation should not only be understood as an affirmation of the right of every individual and group to take part in the conduct of public affairs,11 but also as an instrumental part of the solution to poverty and social exclusion. The empowerment of persons living in poverty through participation is also a means to promote social inclusion and to ensure that public policies are designed to meet the particular needs of the poorest segments of society. D. Privatization and the obligations of the State 26. There is a clear trend, across developed and developing countries, towards the privatization and outsourcing of some activities traditionally undertaken by the State. While privatization has the potential to decrease costs, increase efficiency, and therefore improve the provision of services, it may also create significant obstacles to access to public services by the poorest and most vulnerable. When States hand over the administration of welfare systems, health systems, housing facilities and detention centres to private entities which are seeking an economic profit and may not be appropriately supervised and controlled by the State, they put at risk the ability of individuals to access necessary services, and create incentives that might have detrimental effects for persons living in poverty. Without mechanisms to ensure accountability and transparency, private entities may prioritize profit over people and are not responsible for their failures. 27. States must not consider privatization to be a means by which they can evade their human rights responsibilities. While international human rights law does not restrict the privatization of public services, it nevertheless stipulates that when public services are outsourced to private companies, States remain responsible for ensuring quality, affordability and coverage and have the duty to protect individuals against abuses committed by these companies.12 __________________ 10 11 12 11-44449 International Covenant on Economic, Social and Cultural Rights, art. 2(1). Universal Declaration of Human Rights, art. 21; International Covenant on Civil and Political Rights, art. 25. Committee on Economic, Social and Cultural Rights, general comment No. 14. 9