Chapter 3 | Page 121 Highlighting the increasingly important role played by private sector entities, including non-State and corporate actors, the ESCR Committee commented that: The corporate sector in many instances contributes to the realization of economic, social and cultural rights enshrined in the Covenant through inter alia input to the economic development, employment generation, and productive investment.97 The Committee went on to note that the States parties have the obligation to respect, protect and fulfil ESC rights in the context of corporate activities98 and that: ‘Fulfilling rights entails that States Parties undertake to obtain the corporate sector`s support to the realization of economic, social and cultural rights.’99 A number of international and domestic instruments, such as the Guiding Principles on Business and Human Rights and the UN Guiding Principles on Extreme Poverty and Human Rights, provide some elements of a framework that can be useful in managing access to private sector resources for the purpose of ESC rights realisation.100 The former Special Rapporteur, Danilo Türk, argues for ‘creating space’ for private sector initiatives to drive private sector resources and develop solutions to problems in ESC rights on the ground.101 Nonetheless there are concerns about the engagement of private sector resources in the provision of ESC rights-related services, particularly given the 97 Committee on Economic, Social and Cultural Rights, Statement on the obligations of States Parties regarding the corporate sector and economic, social and cultural rights, UN Doc E/C.12/2011/1 (20 May 2011), [1]. 98 Ibid., [3]. 99 Ibid., [6]. 100 United Nations, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework (OHCHR, 2011), <http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf>; Magdalena Sepúlveda, Final draft of the guiding principles on extreme poverty and human rights, submitted by the Special Rapporteur on extreme poverty and human rights, Magdalena Sepúlveda Carmona, 21st sess, Agenda Item 3, UN Doc A/HRC/21/39 (18 July 2012). 101 Danilo Türk, The Realization of Economic, Social and Cultural Rights, 44th sess, Agenda Item 8 of the provisional agenda, UN Doc E/CN.4/Sub.2/1992/16 (3 July 1992).

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