ACERWC African Committee of Experts on the Rights & Welfare of the Child The same principles are reflected in General Comment No. 4 of the Committee on the Rights of the child in regard to adolescent health and development.78 In particular, migrant children should have access to health care services regardless of their migration status. Health care services of good quality should be available, accessible and acceptable to child migrants. Health care services for child migrants may range from preventive or curative, and mental, physical or psychosocial care.79 The ACERWC in IHRDA and Open Society Justice Initiative (OSJI) (on behalf of children of Nubian descent in Kenya) v Kenya,80 in respect to states obligation to guarantee the right to health, stated as indicated in the box below: The Charter provides in article 14 for the children to enjoy the right to the highest attainable standard of health. Minimal access to health facilities, a lower level of contact with health promoting measures and medical assistance, and a lack of provision of primary and therapeutic health resources and programmes is inconsistent with respect for the child’s right to the highest attainable standard of health. African jurisprudence places a premium on both the right to health and the right to underlying conditions of health. In the Purohit case, the African Commission held that the right to health in the African Charter on Human and Peoples’ Rights includes the right to health facilities, access to goods and services guaranteed to all without discrimination of any kind. It has been confirmed that the underlying conditions of achieving a healthy life are protected under the right to health. The Zaire case [Free Legal Assistance Group and Others v Zaire (2000) AHRLR 74(ACHPR 1995)], concerning article 16 of the African Charter on Human and Peoples’ Rights, confirmed the failure of the government of Zaire to provide the mentioned services amounted to an infringement of the right to health. States must ensure that health care for children on the move is not undermined by discrimination and negative gender biases. Also children must be afforded age appropriate sexual and reproductive health information services.81 In General Comment No.15 the Committee on the Rights of the Child states that the best interests of the child should be a primary consideration in provision of health services to all children.82 Children are also entitled to the right to be heard in provision of health care services and goods to them. This right extends to children on the move as well. 2.4 Name, Registration, Identity and Nationality Article 7 of the CRC sets out children’s right to be registered immediately after birth, to a name, nationality and - as far as possible - to know and be cared for by their parents. It requires States Parties to fulfil these rights in accordance with other national and international obligations, especially where children would otherwise be stateless. This article is closely connected to article  8 (preservation identity), artcle 9 (separation from parents), article 10 (family reunification) and 20 (children deprived of their family environment) of the same convention. Specifically, article 8 provides for the protection of the child’s identity including his or her name, nationality and family relations and enjoins State Parties to provide assistance and protection to children who are illegally deprived of their identity, with a view to ensuring the speedy re-establishment of their identity. 78 79 80 81 82 CRC General Comment No. 4: adolescent health and development in the context of the Convention on the Rights of the Child, (2003) para 41, available at https://www.refworld.org/docid/4538834f0.html (accessed on 08 February 2019). Joint general comment No. 4 (n 69 above) para 55. IHRDA and OSJI v Kenya (2011) Comm 002/09 (ACERWC 2011) para 59 Available at <http://caselaw.ihrda.org/doc/002.09/view/en/#2136813 (accessed on 4 April 2018). As above. General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health (art. 24) CRC/GC/C/15,para 12 availble at https://www.refworld.org/docid/51ef9e134.html (accessed on 08 February 2019). 28