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In applying any right under Article 43, if the State claims that it does not have the resources to implement the right, a court, tribunal or other authority shall be guided by the following principles–– in allocating resources, the State shall give priority to ensuringthe widest possible enjoyment of the right or fundamental freedom having regard to prevailing circumstances, includingthe vulnerability of particular groups or individuals; and the court, tribunal or other authority may not interfere with a decision by a State organ concerning the allocation ofavailable resources, solely on the basis that it would have reached a different conclusion.
the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, membersof minority or marginalised communities, and members of particular ethnic, religious or cultural communities.
(1) The High Court has jurisdiction, in accordance with Article165, to hear and determine applications for redress of a denial, violationor infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.