104. In the case under analysis, the Complainants note that Nigeria is identified as having the second highest number of maternal deaths.w The Commission observes that, in their submissions, the Complainants do not show how this maternal death is the result of a failure by the Nigerian State to take the necessary measures to prevent such death. In particular, it has not been demonstrated that the Respondent State has sufficient resources to prevent maternal death and, more importantly, that despite the existence of resources, it has failed to take the necessary steps to ensure the continuous and sustainable improvement of the right to maternal health. Nor have the Complainants demonstrated that the Respondent State has promoted or adopted measures that undermine access to health care or social security benefits, including through laws, policies or practices that have discriminatory effects. 105. In the absence of this explanation, the Commission concludes that the right to life under Article 4 of the African Charter and Article 4 of the Maputo Protocol was not violated. Violation of the right to health and sexual and reproductive health 106.The Complainants allege violation of. the right to health and sexual and reproductive health, which are respectively protected by Article 16 of the African Charter and Article 14 of the Maputo Protocol., '" Charter On the violation of Article 16 of the African 107. Article 16 of the Charter states that: "1. Every individual shall have the right to enjoy the highest attainable standard of physical and mental health, and that States Parties should take the necessary measures to protect the health of their people and to provide medical assistance in the event of sickness. The right to the highest attainable standard of health includes Hie right to health facilities, goods and services which shall be guaranteed to all without discrimination of any kind». In reality, the right /I to the highest attainable standard of health refers to the existence of health care, services and conditions, their accessibility, acceptability and quality, and imposes a duty on the State to respect, fulfil and protect it. 30 Report, p.13 31Communication 32 241/01 - Purohit and Moore v Gambia (2003) ACHPR para 80 See Pretoria Declaration on Economic, Social and Cultural Rights in Africa, 17 September 20 2004, para 7