includes any conduct or omission which has the purpose or effect of nullifying or impairing the equal access to and enjoyment of economic, social and cultural rights. The obligation to protect the individual from discrimination is immediate. Presumption against Retrogressive Measures 20. Measures that reduce the enjoyment of economic, social and cultural rights by individuals or peoples are prima facie in violation of the African Charter. Any such measures must be justified in the light of the totality of the rights provided for in the African Charter and in the context of the full use of the maximum available resources. In this context available resources refers to both the State’s own resources and international assistance and cooperation (see paragraph XX below.) In determining whether a state party has violated the Charter by implementing a retrogressive measure the Commission will consider whether: a. there was reasonable justification for the action; b. alternatives were comprehensively examined and those which were least restrictive of protected human rights were adopted; c. there was genuine participation of affected groups in examining the proposed measures and alternatives; d. the measures were directly or indirectly discriminatory; e. the measures would have a sustained impact on the realisation of the protected right; f. the measures had an unreasonable impact on whether an individual or group was deprived of access to the minimum essential level of the protected right; and g. there was an independent review of the measures at the national level. Effective Domestic Remedies 21. All rights recognised in the African Charter must be made effective under national legal systems. Violation of economic, social and cultural rights protected under the African Charter must entitle affected individuals and peoples to effective remedies and redress under domestic law. A rigid classification of economic, social and cultural rights which puts them, by definition, beyond the reach of the courts would be incompatible with the principle that human rights are indivisible and interdependent. International remedies are ultimately only supplementary to effective national remedies. 22. Effective remedies can be either administrative or judicial but must be accessible, affordable and timely. Administrative tribunals and the courts should recognise the justiciability of economic, social and cultural rights, and grant appropriate remedies in the event of violations of these rights by State or non-state actors. The training of the judiciary and administrative officials should expressly include the enforceability of economic, social and cultural rights. 14