Chapter 3 | Page 120
that the obligation is not merely negative but involves a much more active role
in assisting and co-operating with other States.
3.3.4 Resources from the private sector
In addition to public sector resources and international assistance, the private
sector is important as a source of resources for ESC rights. This proposition
is based on the premise that public sector spending is insufficient in most
cases to address the huge gaps in social services and disparities in the
realisation of human rights. In terms of total resources available within a State,
private sector resources are much larger and more varied than those of the
public sector. Hence, it is necessary for the State to allow and encourage the
use of private sector resources for the purpose of addressing ESC rights.93
Private sector contribution is crucial for the realisation of some individual
rights, which can be achieved through co-responsibility between the public
sector and private parties. Such provision, however, should generally be
voluntarily provided. Another approach to leveraging is a public-private
partnership, which allows the private sector to carry out important investments
that contribute to the provision of goods and services required for ESC rights.94
In this context, the ESCR Committee has suggested that government can
engage the private sector, through subsidies and tax credits, to provide some
services for the realisation of rights, such as building low-cost housing.95 The
Committee further stated that governments, at both national and local levels,
‘must take measures to ensure that limited resources, public as well as private,
are used in the most effective manner to promote the realisation of rights’.96
93
Robertson, above n 1, 699.
94
Balakrishnan et al, above n 10, 8.
95
Economic and Social Council, Report of the United Nations High Commissioner for
Human Rights, Geneva, Agenda Item 14 (g) of the provisional agenda, UN Doc E/2007/82
(25 June 2007), [35].
96
Ibid.
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