descent is “strictly proportional with” and equally importantly “absolutely necessary” for the legitimate state interest to be obtained. The Committee is of the view that measures should be taken to facilitate procedures for the acquisition of a nationality for children who would otherwise be stateless, and not the other way round. As a result of all the above, the African Committee finds a violation of Article 3 of the African Children’s Charter. Consequential violations 58. The indivisibility of rights in the African Children’s Charter is underscored by the consequential impact of the denial of nationality to children of Nubian descent by the Government of Kenya. All Charter rights generate obligations to respect, protect, promote and fulfil. This is no less so in respect of the rights implicated when nationality and identity rights are violated. The complaint in the instant Communication has primarily resulted in an infringement of Article 3 which fundamentally proscribes discrimination against the child so as to limit the enjoyment by the child of the rights and freedoms recognised and guaranteed in the Charter. In the instant case, the discriminatory treatment of the children affected by the conduct of the Government of Kenya based on their and their parents’ and legal guardians’ social origin has had long standing and far reaching effects on the enjoyment of other Charter rights. And, as the African Commission on Human and Peoples’ rights has confirmed, in the African context, collective rights and economic and social rights are essential elements of human rights in Africa.23 Alleged Violation of Article 14 59. In the first place, a case had been made out that the affected children have suffered denial and unwarranted limitation of their rights to health. 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 care and the right to the underlying conditions of health. In the Purohitcase, 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 to be guaranteed to all without discrimination of any kind.24 It has been confirmed that the underlying conditions for achieving a healthy life are protected by the right to health. Thus lack of electricity, drinking water and medicines amount to a violation of the right to health. The Zaire case,25 concerning Article 16 of the African Charter on Human and Peoples’ Rights, confirmed that the failure of the government of Zaire to provide the mentioned basic services amounted to an infringement of the right to health. 60. In the Communication regarding the children affected by the denial of their nationality and Kenyan identity, a case was made out that the State Party had violated in particular the right enshrined in Article 14(2) (b) (the duty to ensure the provision of necessary medical assistance and heath care to all children with the emphasis on the development of primary health care) and article 14(2)(c) (the duty to ensure the provision of adequate nutrition and safe drinking water). These provisions being similar in content to SERAC v. Federal Republic of Nigeria, Communication No. 155/96, para 68. Purohit and Moore v. The Gambia, Communication 241/2001, para 80. 25 Free Legal Assistance Group and Others v Zaire, Communications No 25/89, 47/90, 56/91, 100/93 23 24 13