the equivalent provisions in the African Charter on Human and Peoples’ Rights, it can be deduced that the findings of the African Commission bear significant relevance. 61. It is incumbent upon States Parties to the African Children’s Charter to ensure that Article 14(2)(g) is given full implementation, within available resources. Integrated health service programmes must be fully incorporated national development programmes, including those pertaining to the most vulnerable who lived in overcrowded and underserviced slum areas or camps. Where the underlying conditions, such as conditions in informal settlement and slum areas, present a heightened risk to the child’s enjoyment of her right to health, the duty bearer must accept that there is a correspondingly more urgent responsibility to plan and provide for basic health service programmes under Article 14 (2)(g)). The States Parties to the African Children’s Charter are encouraged in giving effect to their Article 14(2)(g) obligations, to ensure that national development plans reflect the need to prioritise health services and to intensify such planning for services to otherwise disadvantaged communities where child beneficiaries live. 62. The affected children had less access to health services than comparable communities who were not comprised of children of Nubian descent. There is de facto inequality in their access to available health care resources, and this can be attributed in practice to their lack of confirmed status as nationals of the Republic of Kenya. Their communities have been provided with fewer facilities and a disproportionately lower share of available resources as their claims to permanence in the country have resulted in health care services in the communities in which they live being systematically overlooked over an extended period of time.26 Their health needs have not been effectively recognised and adequately provided for, even in the context of the resources available for the fulfilment of this right. Alleged Violation of Article 11(3) 63. The Committee notes that the violation includes an infringement of the rights enshrined especially in Article 11(3) of the African Children’s Charter, which provides for the right to education. Ratifying States Parties undertake to take all appropriate measures, with a view to achieving full realisation of this right. Article 11(3) (a) requires in particular the provision of free and compulsory basic education, which necessitate the provision of schools, qualified teachers, equipment and the well recognised corollaries of the fulfilment of this right. 64. The African Commission on Human and Peoples’ Rights has emphasised that the failure to provide access to institutions of learning would amount to a violation of the right to education under the African Charter on Human and Peoples’ Rights.27 65. The affected children had less access to educational facilities for the fulfilment of their right to free and compulsory primary education than comparable communities who were not comprised of children of Nubian descent. There is de facto inequality in their access to available educational services and resources, and this can be attributed in practice to their lack of confirmed status as nationals of the Republic of Kenya. Their communities This can also be said to affect their right to development under the African Charter on Humans and Peoples’ Rights, to which the Republic of Kenya is also a States Party. See, too the right to survival and development provided for on Article 6 of the UN Convention on the Rights of the Child, as well as Article 24 dealing with the right to health. 27 Free Legal Assistance Group and Others v Zaire, Communications No 25/89, 47/90, 56/91, 100/93, para 11. 26 14