18
obligations under the Charter, the African Committee had to ask the question “did the
Government of Uganda take all reasonable steps necessary to fulfill its obligations
under the Charter?”. The African Committee has not found evidence to answer this
question in the negative.
71.
In conclusion, the African Committee takes note of, and is manly satisfied with,
the information provided by the Respondent State that a number of legislative,
administrative, and other appropriate measures were put in place to facilitate the
realization of the right to education of children, especially those affected by the conflict,
(both during and after the conflict). As a result , the Committee does not find a violation
of the rights to education by the Respondent State in the circumstances alleged by the
Complainants.
Alleged violation of Article 14 (the right to the highest attainable standard of
health)
72.
Article 14 of the African Children’s Charter provides for children in Africa to enjoy
the right to the highest attainable standard of health. The African Committee
acknowledges that this right is to be achieved in a progressive manner within available
resources, as already highlighted in the Committee’s Nubian children case. However, a
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 child’s right to the highest
attainable standard of health. Like other economic, social and cultural rights, the right to
the highest attainable standard of health must be fully guaranteed as soon as possible
and thus States Parties are required to take immediate steps to ensure this right. States
must thus use the maximum available resources, even when such resources are
scarce.
73.
Any kind of discrimination in providing access to health facilities, and access to
goods and services related to health would constitute a violation of Article 14 of the
Charter.28 Jurisprudence from the African Commission has also confirmed that the
underlying condition for achieving a healthy life is the protection of the right to health,
and failure by a Government to provide the basic health services can amount to a
violation of the right to the highest attainable standard of health.29
74.
The Government of Uganda has made it known, among other things, that it did
set up health clinics in the camps, and mobile clinics manned by qualified medical
doctors and that it provided services throughout the difficult period which is the subject
matter of this communication. Training was also provided from primary health care
level to Village Health Teams and immunization efforts had continued as much as
possible. Due to the prevailing conflict, food insecurity was extremely high and the local
population was almost exclusively dependent on humanitarian and nutritional
28
See
Purohit
and
Moore
v.
The
Gambia,
Communication
241/2001,
para
80.
29
See
Free
Legal
Assistance
Group
and
Others
v
Zaire,
Communications
No
25/89,
47/90,
56/91,
100/93