  investigate and redress the harm caused by such acts by private persons or entities’.177 the State cannot also hide behind its responsibilities by merely asserting the activities which violated an individual’s rights were carried out by private parties, or non-State actors.178 Certain rights presume positive measures need to be taken by States to deal with the activities of private entities. 179 These include privacy,180 prohibition of torture,181 and prohibition of discrimination in housing or work. 30. So, for example, in a case before the African Commission on Human and Peoples’ Rights concerning the behaviour of an oil consortium between the State oil company and Shell in Nigeria,182 the African Commission found a number of violations of the African Charter of Human and Peoples’ Rights, and pointed to the positive obligation of States with regard to private actors. 31. Similarly, before the European Court, Spain was found to have violated the right to private and family life when a local authority failed to regulate the operation of a waste treatment plant,183 and Italy violated the right to private life where it failed to provide relevant information about pollution from a factory.184 177 178 Human Rights Committee, General Comment No.31, CCPR/C/21/Rev.1/Add/13 (2004), para 8. Inter-American Court, Velasquez Rodriguez v Honduras, judgment of July 29, 1988, Series C, No. 4, 179 Human Rights Committee, General Comment No.31, CCPR/C/21/Rev.1/Add/13 (2004), para 8. Article 17 ICCPR. 181 Article 7 ICCPR. 182 Communication 155/96 The Social and Economic Rights Action Center and the Center for Economic and Social Rights v Nigeria, 27 October 2001. 183 European Court, Lopez Ostra v Spain, 9 December 1994. 184 European Court, Guerra and others v Italy, 19 February 1998. 180 49