A/HRC/20/26
1.
International law
7.
The right to share in scientific advancement and its benefits is recognized in article
27 of the Universal Declaration of Human Rights and, in slightly different terms, in article
15 (1)(b) of the International Covenant on Economic, Social and Cultural Rights. Although
both texts link it with the right to take part in cultural life and to the protection of the moral
and material interests resulting from scientific, literary or artistic production, the right to
science is usually considered in isolation. The juxtaposition with the right to culture has
often been viewed as coincidental. The Special Rapporteur believes that, to the contrary,
the rights to science and culture should be read together and in conjunction with, in
particular, the right of all peoples to self-determination and the right of everyone to take
part in the conduct of public affairs (see also paragraph 21 below). 3
8.
The International Covenant on Economic, Social and Cultural Rights further
stipulates the obligations of States Parties to promote the conservation, the development
and the diffusion of science and culture (art. 15 (2)), to respect the freedom indispensable
for scientific research and creative activity (art. 15 (3)) and to recognize the benefits to be
derived from the encouragement and development of international contacts and cooperation
in the scientific and cultural fields (art. 15 (4)). The Special Rapporteur considers the calls
for international cooperation in the area of science and transfers of technologies, as made in
numerous United Nations and other documents, as particularly important for realizing the
right to science for all.
2.
Regional law
9.
According to the Charter of the Organization of American States, States “shall
extend among themselves the benefits of science and technology by encouraging the
exchange and utilization of scientific and technological knowledge” (art. 38). The American
Declaration on the Rights and Duties of Man upholds the right of every person “to
participate in the benefits that result from intellectual property, especially scientific
discoveries” and “to the protection of his moral and material interests as regards his
inventions or any literary, scientific or artistic works of which he is the author” (art. XIII),
while article 14 of the Additional Protocol to the American Convention on Human Rights
in the Area of Economic, Social and Cultural Rights includes the right to science in
language similar to the International Covenant on Economic, Social and Cultural Rights.
The right has yet to be addressed by the Inter-American Commission on Human Rights and
the Inter-American Court on Human Rights, although the Commission recently stressed the
urgent need for the right to be defined so that it may be applied in practice. 4
10.
Article 42 of the Arab Charter on Human Rights recognizes the right of everyone “to
take part in cultural life and to enjoy the benefits of scientific progress and its application”,
together with the obligations of States to “respect the freedom of scientific research and
creative activity”, to “ensure the protection of moral and material interests resulting from
scientific, literary and artistic production” and to enhance cooperation “at all levels, with
the full participation of intellectuals and inventors and their organizations, in order to
develop and implement recreational, cultural, artistic and scientific programmes.”
11.
Article II (2) of the Charter of the African Union identifies scientific and technical
cooperation as essential for meeting its goals. Articles 4 (1)(h) and 12 (2)(b) of the Protocol
on the Rights of Women in Africa of the African Charter on Human and Peoples’ Rights
specifically prohibits medical experimentation on women without their informed consent,
3
4
4
International Covenant on Civil and Political Rights, art. 25.
See www.oas.org/es/cidh/audiencias/TopicsList.aspx?Lang=en&Topic=27.