PART II: NATURE OF MEMBER STATES’ OBLIGATIONS Obligation to Take Measures to Ensure Enjoyment of Economic, Social and Cultural Rights 2. Article 1 of the Charter requires State Parties to “recognise” the rights, duties and freedoms enshrined in the Charter, and “to adopt legislative or other measures to give effect to them.” Such measures include providing for the protection and realisation of economic, social and cultural rights through constitutional rights iv and institutions, legislativev, policy and budgetary measures, educational and public awareness measuresvi and administrative action as well as ensuring appropriate administrative and judicial remedies for the violation of these rights. 3. States parties are under a general obligation in respect of all the economic, social and cultural rights in the African Charter to ensure that at least the following key elements of the rights are guaranteed: a. The availability of the rights, which requires that the state should ensure that the necessary goods and services needed to enjoy the rights are practically available to the individual, regardless of how this is achieved. vii For example, with regards to the right to water, the water supply for each person must be sufficient and continuous for personal and domestic uses. b. The adequacy of the benefits provided in terms of the rights. This requires that the goods and services provided to the individual are sufficient to meet all the requirements of the rights protected. For example, with regards to the right to food, the food must at a minimum be of such quantity and quality sufficient to satisfy the dietary needs of individuals and free from adverse substances; c. The physical and economic accessibility (affordability) of the rights to all, particularly to vulnerable and disadvantaged groups. Physical accessibility means that provision of goods and services required for enjoyment of the rights should be available to everyone, including members of vulnerable and disadvantaged groups, for whom special measures may be necessary. For example, with regards to the right to health, the state should ensure that health facilities are accessible to people with disabilities. Economic accessibility means that the individual should be able to acquire the specific requirements for the enjoyment of all economic, social and cultural rights without threatening or compromising the enjoyment of other rights. For example, with respect to the right to education, the state should ensure that secondary and tertiary education is affordable; d. The acceptability of the manner of provision of the rights requires that the manner in which economic, social and cultural rights are provided in a society respects societal and cultural norms that are consistent with African and international human rights law. For example this includes the requirement that provision of housing, particularly regarding construction 10