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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