109. As with most other economic, social and cultural rights, the implementation of the right to the highest attainable standard of health is dependent on the economic capacity of countries and, therefore, its fulfilment is a long-term process. With this in mind, the Commission considers that a large majority of people in Africa do not enjoy the highest attainable standard of physical and mental health because African countries are generally plagued by poverty, making them incapable of providing the facilities, infrastructure and resources that facilitate the full enjoyment of this right». 110.Therefore, mindful of this key parameter in determining what this right entails, the Commission considers that the obligation of States under Article 16 of the African Charter is to take positive and selective steps, while making full use of available resources, towards the full realisation of the right to health in all its aspects, without discrimination of any. kinCl34.In the present case, the Complainants note that expenditure on health in Nigeria is among the lowest in the world, amounting to only USD 72. More importantly, they reveal that Nigeria's budget allocation to the health sector is between 5-6%, despite the fact that the country committed in 2001 to' aHoc,ft.~ .;at . least 15% of its budget to improving the health sector under the 2001 Abuja Declaration. 111.The Commission considers that the 15% budget allocation for the health sector referred to in th1 A};j'lijaDeclaration cannot be enf6n:~d against States. Indeed, a declaration has gfsymbolic scope and is essentially an expression of the political will of the State's,that have made it. In particular, through declarations, States express their wish ·that the elements of the declaration be transformed, in a second stage, into a bindirtg legal instrument in theform of conventions or treaties. Thus, it follows that by its hature, a declaration has only a recommendatory value and, consequently, cannot be used ,~s! l~ al basis to conclude that the rights expressed therein have been violated: '... . Ii 112. As a result, Article 16 of the African Charter has not been violated. On the violation of Article 14 of the Maputo Protocol 113. The Complainants point to the violation of Article 14. 1 (a), (b), (c), (£), and 2 (a) and (c) of the Maputo Protocol which protects women's right to sexual and reproductive health -. On the violation of Article 14.1 (a) (b) (c) (fJ of Maputo Protocol 114. Article 14.1 (a) (b) (c) (£) of the Maputo Protocol states as follows: "1. States shall ensure the respect and promotion of the rights of women to health, including sexual and reproductive health. These rights include: a) the right to control their fertility; b) the right to decide on the number and spacing of their children; c) the free choice of contraceptive 33 Communication 34 Communication 241/01, op.cit, para 84. 241/01, op.cit, para 84. 21