A/HRC/20/26
scientists’ rights; only a few provide standards for respecting human rights in the conduct
of work. Developing codes of conduct explicitly informed by human rights thus seems
essential.
54.
Many States have taken measures to oversee research methods and the conduct of
science in the public sector. The research practices of private institutions receive less
scrutiny, however. This area requires greater attention, particularly when companies
undertake research that would be illegal in one country but which, owing to a lack of legal
protections, are possible in another. As stressed by the Committee on Economic, Social and
Cultural Rights, States have an obligation to take steps to prevent human rights
contraventions abroad by corporations which have their main office under their jurisdiction,
without infringing the sovereignty or diminishing the obligations of the host States. 59
55.
The Special Rapporteur also received information that assessments made pursuant to
certain agreed international standards “are insufficient to determine the hazard(s) of certain
chemicals”, and “have been criticized by civil society as an inadequate reflection of
scientific progress in detecting the hazards of chemicals”. It has been further argued that the
reluctance of regulators to use general peer-reviewed and published scientific evidence of
chemicals hazard(s) may “impede the application of the benefits of scientific progress by
effectively limiting access to relevant information in decision-making processes”.60 This
requires further attention.
IV. Areas for further consideration
A.
The right to science and intellectual property rights
56.
Concern has been widely expressed about the conflict between the right to science
and intellectual property rights, in particular since the adoption of the WTO Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS).61 Bilateral and/or regional
trade and investment agreements containing “TRIPS plus” provisions or restricting TRIPS
flexibilities can also pose problems. 62 The potential of intellectual property regimes to
obstruct new technological solutions to critical human problems such as food, water, health,
chemical safety, energy and climate change requires attention.63
57.
The rights of authors protected by human rights instruments are not to be equated
with “intellectual property rights”; both intellectual property rights and authors’ rights may,
59
60
61
62
63
E/C.12/2011/1. See also the Guiding Principles for Business and Human Rights (A/HRC/17/31),
annex.
Submission by CIEL. See also the reports of the Special Rapporteur on the human rights obligations
related to environmentally source management and disposal of hazardous substances and waste, for
example E/CN.4/2006/42.
In particular, see resolution 2000/7 of the Subcommission on the Promotion and Protection of Human
Rights, preamble. See also A/HRC/11/12 and A/HRC/17/43, para. 6.
A/HRC/11/12, para. 68. See Thomas Faunce, “Innovation and Insufficient Evidence: The Case for a
WTO Agreement on Health Technology Safety and Cost-Effectiveness Evaluation”, in Incentives for
Global Health: Patent Law and Access to Essential Medicines, Kim Rubenstein, Thomas Pogge and
Matthew Rimmer (eds), Cambridge University Press, 2010, pp. 209-232.
T. Faunce, “Will International Trade Law Promote or Inhibit Global Artificial Photosynthesis?”,
Asian Journal of WTO and International Health Law and Policy, Vol. 6, , pp. 313-347. See also
submission by CIEL and “Technology Transfer In the UNFCCC and Other International Legal
Regimes: the Challenge of Systemic Integration”, International Council on Human Rights Policy,
2010. Available from www.ichrp.org/files/papers/184/138_technology_transfer_UNFCCC.pdf.
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