Transcript A Human Rights Approach to the Benefits of Science

A Human Rights Approach to the
Benefits of Scientific Progress
Audrey R. Chapman, Ph.D.
University of Connecticut School of Medicine
July 26, 2010
AAAS Human Rights Coalition Meeting
The Right to the Benefits of Science
• Article 27 - Universal Declaration of Human
Rights (1948)
– Everyone has the right freely to participate in the
cultural life of the community, to enjoy the arts and to
share in scientific advancement and its benefits.
• Article 15 (1) b - International Covenant on
Economic Social and Cultural Rights (1966)
– The States Parties to the present Covenant recognize
the right of everyone to enjoy the benefits of scientific
progress and its applications.
Distinctive Characteristics of a Human
Rights Approach
• Consistency with human rights principles both in the process of scientific
research and in evaluating applications
• Meet human dignity standard
•
– All human rights said to derive from inherent dignity of the human person
– Not violate or harm any person
– Recognize importance autonomy and self-determination
– Foster conditions human flourishing
Universal
– Applicable in principle to every person in all societies
– Benefits broadly diffusion within and across countries
• Focus on the disadvantaged and vulnerable
– Assessment of implementation
– Monitor – disaggregated data and analysis
– Compensatory measures - affirmative action
Human Rights Principles cont
• Equality all persons
• Legal principle of equal standing and treatment
• Equality of women and men
• Equal opportunity in both process of scientific discovery
and access to benefits
• Importance compensatory measures
– Nondiscrimination – rights must be exercised
without any kind of distinction based on race, color,
sex, language, religion, political or other opinion,
national or social origin, property, birth or other
status
Human Rights Principles cont
• Facilitating participation
– Right of everyone to be consulted and participate in
significant decision-making processes that affect them
– Empowerment
• Transparency in decision-making
• Accountability
– Accessible and effective accountability mechanisms
must be in place
– Ability of victims to seek redress
– Legal and administrative mechanisms permit recourse
when rights are violated
Legal Standard
• Can be legally binding for states ratified or
acceded to relevant human rights
instruments
– Universal Declaration of Human Rights as
declaration of General Assembly not legally
binding but considered to be international common
law
– International Covenant on Economic, Social and
Cultural Rights - 160 state parties ratified (all
western industrialized democratic countries
except U.S.)
Steps to Be Taken
Art. 15 of ICESCR
(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.
Steps to be Taken (contd)
• Article 15
(4) The States Parties to the present Covenant
recognize the benefits to be derived from the
encourage and development of international
contacts and cooperation in the scientific and
cultural fields.
Progressive Realization
• Recognition that not possible to achieve full
implementation of rights immediately,
particularly in case of less developed countries
• Art. 2(1) of ICESCR
– Each State Party to the present Covenant undertakes
to take steps, individually and through international
assistance and cooperation, 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.
Progressive Realization cont
• UN Cmt on Economic, Social and Cultural Rights
– Means states parties have specific and continuing obligation move as
expeditiously & effectively as possible towards full realization
• Need for interpretation
– To take steps – which steps (no interpretation in UN system of 15 (1) c))
– Devote maximum of available resources – how calculate
– Through international assistance and cooperation – what it entails
• Progressive – also requires measurement over time
• Immediate implementation – progressive realization not apply
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Nondiscrimination
Equality
Core obligations – satisfy at very least minimum essential levels fo each right
Nonderogable, particularly of core obligations
Right to Benefits Scientific Progress
and IP
• Both Universal Declaration and ICESCR link
right to share in benefits of scientific
advancement or progress with participation in
cultural life (Art 15 (1) b) and another right.
• Art 15 (1) c – the right of everyone to benefit
from the protection of the moral and material
interests resulting from any scientific, literary
or artistic production of which he is the
author.
CESCR 2001 Statement HR & IP
• Art 15 (1) c should not equated with commercial IP rights property
systems
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In HR human person central subject and primary beneficiary
Goal HR human flourishing
HR timeless expression and cannot be revoked or reassigned
Not necessary coincide with IP rights national leg or international
agreements
• Qualified right
– 15 (1) c must be balanced with rights to enjoy benefits of scientific
progress and to participate in cultural life
– Importance balance protection public and private interests in
knowledge
• Countries at different levels development have different needs –
may need to focus on access rather than protection of technology