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The Right to Enjoy the Benefits
of Scientific Progress
State Obligations
Yvonne Donders
Amsterdam Center for International Law
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 Instruments
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 UDHR

Article 27(1)
Everyone has the right…to share in
scientific advancement and its benefits
REBSP in the ICESCR

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 cooperation in the scientific and cultural fields.
REBSP - 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 Obligations
 Obligations of Conduct and Result
 Negative and Positive Obligations
 Tripartite Typology of Obligations
 To Respect
 To Protect
 To Fulfill
 Facilitate
 Provide
 4 A Scheme
4-A schedule (food, education,
health, water)
 Availability
 Accessibility




Non-discrimination
Physical
Economic
Information
 Acceptability
 Adaptability  quality
Progressive realization

Article 2 ICESCR
1. 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 Realization
 General
Comment No. 3 (1990)
Immediate obligations
Non-retrogression
 Non-discrimination
+
equal treatment
 (Financial) resources
 International assistance
and cooperation
REBSP- State Obligations

Article 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 cooperation in the scientific and cultural fields.
Committee 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 REBSP




Respect
Protect
Fulfil
Limitations (Article 4 ICESCR)
 By law
 Legitimate aim
 Necessary in democratic society
4-A Scheme and REBSP


Availability
Accessibility






Physical
Economic
Information
Non-discrimination
Quality
Acceptability?
Concluding remarks
Thank you for your attention
Amsterdam Center for International Law