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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