Abstract
Increasingly, including in developing countries, the private sector impacts significantly on rights to education and the highest attainable standard of health. How, though, can a state ensure that this is a positive impact? And, if a violation of rights does occur, how should culpability be divided between the state and the private sector? The increasing justiciability of economic and social rights, together with moves at the international level to develop a rights-based accountability for private actors, suggests that the sector may soon assume legal responsibilities, in line with the expansion of human rights from its classical concern of action by the state.
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