under an obligation to make available and accessible to all, without discrimination, particularly the most vulnerable, all the best available applications of scientific progress necessary for the realisation of the highest attainable standard of health.v155. In this case, the Complainants consider that women in Nigeria are not benefiting from the scientific progress of Nigeria's health care system because, according to them, by failing to reduce the high levels of preventable maternal injuries and deaths in Nigeria through a quality maternal health service and a reproductive health service that they need, women are being denied the opportunity and right to access modern maternity services. 156. The Commission considers that one of the ton.stituent elements of the right to enjoy scientific progress is its availability. The latter means that scientific progress actually exists. This condition is fundamental 'pecause one cannot claim the enjoyment of a right that does not exist. .It.is ,only when its existence has been demonstrated that it can be confirmed th.at::it is accessible to all without discrimination. In our case, while the Complainants have demonstrated that there are many maternal, deaths and injuries in the Respondent State, they have not established how sCientific progress in Health care in the Respondent State is available and sufficient to overcome all of tfiese challenges, and if it is available, that it has been' made inaccessible to women. 157. In the absence of su¢p a demonstration, the Commission concludes that the right to enjoy scientific progress has not been established. . , 4~: "-:;;0 "<~:;::;i~".~.'/"l:'" i On the violation of the right to al! effective remedy 158. The right to an effective remedy is not expressly stated in the Charter. However, in interpreting Article 7 of the African Charter in Groupe de Travail sur les Dossiers [udiciaires Strategiques v. Democratic Republic of Congo, the Commission indicated that this right may be implicitly or automatically reflected in many of the rights protected by the African Charter.f'' In the Commission's view, an instrument cannot protect such a wide range of rights without providing for a right of remedy and appeal in the event of a violation of the rights established. Without the right of remedy and appeal, the other rights in the Charter would be mere illusions and empty proclamations. 64 0" HUI" ..... <,,0'" tCREl AI?/.q-1....0 159. The right to an effective remedy has IrS.(I}'bJ'e 'Sf Ire -"II by the Commission in ..,. its Guidelines and Principles on the 'iiht 0 if,--:, 1\riat: d Legal Assistance in of I~, ~ g 62 Committee on Economic, Social and Cultural Rights, socialand cultural rights (Article 15, paragraphs l(b), • Social and Cultural Rights); para. 70 63 Communication 259/2002 ,. - Working e~ 3;,r. (. Group on Strate I ) omment N . W lQ Q ~ £ ~ 0) on science and economic, if_thl'#ern o<ty"~ 'onol Covenant on Economic, ""0-1t ~ICAI~~~"~ v. Democratic Republic of Congo (2011) ACHPR para 78 64 Communication 259/2002 - Working Group on StrategiC Court Cases v. Democratic ACHPR para 78 30 Republic of Congo (2011)