The Right to Enjoy the The Right to Enjoy the Benefits Benefits

of Scientific Progressof Scientific Progress

State ObligationsState Obligations

Yvonne DondersYvonne Donders

Amsterdam Center for International Law

Science in UN Instruments Science in UN Instruments

Charter of Economic Rights and Duties of States (1974)

Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind (1975)

Universal Declaration on the Human Genome and Human Rights (1997)

International Declaration on Human Genetic Data (2003)

Science in Human Rights Science in Human Rights InstrumentsInstruments Universal Declaration of Human

Rights (Article 27) International Covenant on

Economic, Social and Cultural Rights (Article 15(1)b)

Declaration on Bioethics and Human Rights (Article 15)

REBSP in the UDHRREBSP in the UDHR

Article 27(1)Everyone has the right…to share in scientific advancement and its benefits

REBSP in the ICESCRREBSP in the ICESCR Article 15(1)(b)Article 15(1)(b)

1. The States Parties to the present Covenant recognize the right of everyone: (b) To enjoy the benefits of

scientific progress and its applications; 2. The steps to be taken by the States Parties to

the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture.

3. The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity.

4. The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields.

REBSP - ContentREBSP - Content

Scientific freedom ↔ freedom of expression and opinion, information, association and movement

Right to protection from possible harmful effects of science ↔ right to education, information

Right of access to and participation in science ↔ equality

International cooperation

State ObligationsState Obligations

Obligations of Conduct and Result Negative and Positive Obligations Tripartite Typology of Obligations

To RespectTo ProtectTo Fulfill

FacilitateProvide

4 A Scheme

4-A schedule (food, 4-A schedule (food, education, health, water)education, health, water) Availability Accessibility

Non-discrimination Physical Economic Information

Acceptability Adaptability quality

Progressive realizationProgressive realization

Article 2 ICESCR1. Each State Party to the present Covenant

undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.

2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Progressive RealizationProgressive Realization

General Comment No. 3 (1990)Immediate obligationsNon-retrogression

Non-discrimination + equal treatment

(Financial) resources International assistance

and cooperation

REBSP- State ObligationsREBSP- State Obligations Article 15 ICESCRArticle 15 ICESCR

1.The States Parties to the present Covenant recognize the right of everyone: (b) To enjoy the benefits of scientific

progress and its applications; 2.The steps to be taken by the States Parties to the

present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture.

3.The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity.

4.The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields.

Committee on ESC RightsCommittee on ESC Rights

Guidelines on Reporting Ensure affordable access Prevent the use of science for

purposes contrary to human dignity Freedom for scientific research Conservation, development and

diffusion of science + international cooperation

Reports and Concluding Observations

Tripartite typology and Tripartite typology and REBSPREBSP

Respect Protect Fulfil Limitations (Article 4 ICESCR)

By law Legitimate aim Necessary in democratic society

4-A Scheme and REBSP4-A Scheme and REBSP

Availability Accessibility

Physical Economic Information Non-discrimination

Quality Acceptability?

Concluding remarksConcluding remarks

Thank you for your attentionThank you for your attention

Amsterdam Center for International Law