A/HRC/20/26 and requires States to take specific measures to promote education and training for women, particularly in the fields of science and technology. 12. Article 13 of the European Charter of Fundamental Rights requires that scientific research be “free of constraint”. The Convention on Human Rights and Biomedicine of the Council of Europe contains, in the preamble thereto, important provisions, including “the need for international cooperation so that all humanity may enjoy the benefits of biology and medicine”; it also declares that the “interests and welfare of the human being shall prevail over the sole interest of society or science” (art. 2). Importantly, the need for appropriate public consultation and debate is underlined (art. 28). The Convention also provides clear guidelines regarding the conditions under which research involving human persons may be conducted. B. Domestic implementation 13. According to information provided to the Special Rapporteur through, inter alia, the responses to her questionnaire, the right to enjoy the benefits of scientific progress and its applications is recognized explicitly in the constitutions of at least four countries (Armenia, Ecuador, Paraguay, Republic of Moldova). Numerous other constitutions protect specific aspects of this right, such as the right to have access to science (Brazil, Colombia, Dominican Republic, Estonia, Kyrgyzstan, Lithuania, Yemen); promotion of scientific research and infrastructure development (Argentina, Brazil, Chile, China, Croatia, Democratic People’s Republic of Korea, Ecuador, Guatemala, Iran (Islamic Republic of), Korea, Kuwait, Madagascar, Malta, Mexico, Switzerland, the former Yugoslav Republic of Macedonia, Uzbekistan); promotion of scientific research specifically for social benefit (Brazil, Democratic Republic of the Congo, Ecuador); protection of scientific freedom (Afghanistan, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Croatia, Czech Republic, Democratic Republic of the Congo, Ecuador, Egypt, Georgia, Hungary, Japan, Kazakhstan, Kyrgyzstan, Latvia, Madagascar, Portugal, the Republic of Korea, the Republic of Moldova, Spain, Switzerland, Tajikistan, the former Yugoslav Republic of Macedonia, Turkey, Ukraine, Uzbekistan); support for science education (Brazil, Colombia, Zambia); promotion of the dissemination and/or use of science and technology (Argentina, Colombia, Czech Republic, Democratic People’s Republic of Korea, Dominican Republic, Ecuador, Georgia, Honduras); encouraging international cooperation in science and technology (Bosnia and Herzegovina); promotion of innovation and free public research (Switzerland); and support for private initiatives aimed at scientific progress (Costa Rica). 14. Key challenges confronting States include the lack of human capacity, in particular scientists; inadequate science education and trained teachers; insufficient equipment and infrastructure; a paucity of public or private funding; and absence of targeted national plans or programmes (see submissions by Costa Rica, Georgia, Guatemala, Mauritius, Peru, Serbia, Uruguay and Viet Nam). Additionally, some States mentioned a low level of intellectual property protection (Costa Rica, Mauritius), brain drain (Mauritius), lack of national scientific journals (Guatemala) and ineffective models of transfers of technology (Uruguay, Viet Nam). The need for more effective involvement of sectors of society that would benefit from research and development was also stressed (Uruguay). Furthermore, the diverse and dispersed character of a population may present challenges for realizing this right, particularly for marginalized groups with a diminished ability to safeguard their interests in the context of specific research projects (Canada, Viet Nam). 15. States have taken steps to address the above-mentioned challenges, especially in the area of scientific education and international cooperation. These steps include promoting scientific cooperation and connecting scientists internationally, offering scholarships and 5

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