The formulation and implementation of national health strategies and plans of action should respect the principles of non-discrimination and people’s participation. In particular, the right of individuals and groups to participate in decisionmaking processes, which may affect their development, must be an integral component of any policy, program or strategy developed to discharge governmental obligations. Promoting health must involve effective community action in setting priorities, making decisions, planning, implementing and evaluating strategies to achieve better health. Governments should establish national mechanisms for monitoring the implementation of national health strategies and plans of action. National health strategies should identify appropriate right to health indicators and benchmarks. These should include provisions on: • the targets to be achieved and the timeframe for their achievement; • the means by which right to health benchmarks could be achieved; • the intended collaboration with civil society, including health experts, the private sector and international organisations; • institutional responsibility for the implementation of the national strategy and plan of action; and • possible recourse procedures. Source: AHRC Social Justice Report 2005 and General Comment No 14.28 The case studies below illustrate the application of ICESCR rights by courts in comparable jurisdictions. UK: Right to education R (Tigere) v Secretary of State for Business, Innovations and Skills29 In 2011 the fees charged by universities were increased in the UK. The cost of fees and maintenance are generally financed by loans from the Government. UK regulations required that a student must have been lawfully ordinarily resident in the UK for three years before the day the academic year begins (‘the lawful residence criterion’); and be settled in the UK on that day (‘the settlement criterion’) to obtain a loan. Therefore all students who did not have full residence were ineligible for student loans. 122 The applicant was a Zambian national, aged 20, who came to the UK in 2001 at the age of six. Her mother overstayed and the applicant was unlawfully present in the country until 2012 when she regularised her immigration status. She had discretionary leave to remain in the UK, and would be able to apply for full residence in three years’ time. The applicant received her entire education in the UK, obtained good grades and wished to go to university. She was unable to take up the university places offered her as she was not eligible for a student loan because of her immigration status.