23. In addition, the State must ensure that persons within its jurisdiction, particularly
members of vulnerable and disadvantaged groups, enjoy effective access to quality
legal services. Measures to be taken in this regard include the establishment of
comprehensive and effective legal aid schemes.
24. Without prejudice to the foregoing, where economic, social and cultural rights are not
expressly included in the constitution of a State party, the courts and administrative
tribunals should strive to protect the interests and values underlying these rights
through an expansive interpretation of other rights, for example, the rights to life,
human dignity, security of the person, equality and just administrative action.
25. Domestic law must be interpreted as far as possible in a way which conforms to
States parties’ obligations under the African Charter.
Designing and Implementing a National Policy
26. For each protected right, national plans and policies should be devised and
periodically reviewed, on the basis of a participatory and transparent process. They
should take into account all other national plans, including where appropriate,
poverty alleviation plans and policies whilst also ensuring that the special needs of
members of vulnerable and disadvantaged groups are met. They should also identify
the resources available to meet the objectives and the most cost-effective way of
using them.
27. The plans and policies should include information on indicators, time-frames and
benchmarks, by which progress can be closely monitored. Indicators designed to
monitor the implementation of the national plan should include structural indicators
(that measure the legal and administrative structures created for the implementation
of the rights), process indicators (which measure the progressive realisation of the
rights in terms of the process adopted) and outcome indicators (which relate to the
realisation of the enjoyment of a protected right). Indicators should include analysis
of budget allocation and implementation.
28. Data analysed during the monitoring and evaluation of national plans should be
disaggregated according to relevant criteria including emphasis on vulnerable and
disadvantaged groups.
29. The State should ensure, through political and financial support, the greater effective
participation of the population in all phases of policy and programme design,
implementation, monitoring and review.
30. The State should avail itself of the necessary technical assistance and cooperation
from both other States and international agencies as required to assist with the
fulfilment of its obligations under the Charter.
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