Mapping Children on the Move within Africa In addition, there is an immediate obligation on states to ensure that the right to education is accessed without discrimination.72 Moreover, the deprivation of access to education on the basis of exclusion amounts to discrimination and this situation does not change even in circumstances where the exclusion is occasioned by non-state actors.73 Thus the obligation of the state to guarantee the right to education extends to the obligation to both prevent and remedy the exclusion of children from education by third parties.74 This foregoing obligation means that states should ensure equal access to quality education and inclusive education for refugee, migrant nd internally diplaced children, despite their migration status.75 Therefore, exclusion and discrimination of refugee, internally diaplced and migrant children from education would be a violation of state obligation to provide education for all children on an equality basis. This would also be a violation of Article 2 of the CRC and Article 3 of the ACRWC, which prohibits discrimination. States should also put in place sufficient measures or mechanisms to recognize the former education of the child in question by ‘acknowledging previously obtained school certificates/and or issuing new certification’ on the basis of the child’s capacity, to avoid creating penalization and stigmatization.76 2.3 Health and health services The CRC under Article 24 requires states to recognize children’s right to enjoyment of the highest attainable standard of health and facilities for the treatment of illnesses as well as rehabilitation health. In addition, the Article places an obligation on states to ensure that no child is deprived of her or his right to access health care services. The ACRWC under Article 14 provides that ‘every child shall have the right to enjoy the best attainable state of physical, mental and spiritual health. The Article also places an obligation on states to pursue full implementation of the right. Therefore, based on Article 24 of the CRC and Article 14 of the ACRWC, states have an obligation to recognize child migrants’ right to enjoyment of the highest attainable standard of health and to strive to ensure that child migrants are not deprived of their right to access health care services. The Committee on Economic, Social and Cultural Rights in General Comment No. 14 stated that the right to health in ‘all its forms and at all levels contains the following interrelated and essential elements’:77 i) ii) iii) iv) 72 73 74 75 76 77 Availability: health services and programmes should be available in sufficient quantity within a state. Accessibility: health facilities and services should be available to all individuals and groups without discrimination, be of affordable cost and physically accessible. Acceptability: health services and goods must be respectful of medical ethics and culturally appropriate. Quality: health facilities and services must be culturally acceptable, scientifically and medically appropriate and of good quality. As above. As above. As above. Joint general comment No. 4 (n 69 above) para 59. Joint general comment No. 4 (n 69 above) para 61. CESCR General Comment No. 14: The Right to the Highest Attainable Standard of Health on Art. 12 (2000) para 12, available at https://www.refworld.org/pdfid/4538838d0.pdf (accessed on 08 February 2019). 27