A/HRC/20/26
I. Introduction
1.
The right of everyone to share in scientific advancement and its benefits is enshrined
in the Universal Declaration of Human Rights and, in slightly different terms, as the right to
benefit from scientific progress and its applications in the International Covenant on
Economic, Social and Cultural Rights. It is also recognized in other international and
regional human rights instruments. The scope, normative content and obligations of the
State under this right, referred herein as “the right to science”, remain underdeveloped
while scientific innovations are changing human existence in ways that were inconceivable
a few decades ago.
2.
The right to science is usually regarded as a means to advance the realization of
other human rights and to address “the needs common to all humanity” 1 or in terms of the
“potentially adverse consequences for the integrity, dignity and human rights of the
individual”.2 Although the potential human rights implications of scientific advances must
be considered, they do not suffice to define the scope of the right. It is essential to consider
what the right to science means as a human right.
3.
The right to science tends to be considered in isolation from the right to participate
freely in the cultural life of the community, to which it is usually juxtaposed with relevant
instruments. The Special Rapporteur views these rights as inherently interlinked, since both
relate to the pursuit of knowledge and understanding and to human creativity in a
constantly changing world.
4.
In the present report, the Special Rapporteur hopes to catalyse a robust discussion
among States, scientific researchers and practitioners, civil society groups and the private
sector to further elucidate the right to science.
5.
In order to collect the views of States and other stakeholders, the Special Rapporteur
disseminated a questionnaire on the right to enjoy the benefits of scientific progress and its
applications. Responses were received from 21 States and 13 other stakeholders (see annex
I). On 5 and 6 December 2011, the Special Rapporteur convened an experts’ meeting on the
issue (see annex II). She also convened a public consultation in Geneva on 7 December
2011. The Special Rapporteur is grateful to all those who contributed.
II. The right to benefit from scientific progress and its
applications: legal and conceptual framework
A.
International and regional standards
6.
Various international and regional provisions demonstrate a wide consensus with
regard to the need to ensure the right to science for all persons. Numerous other texts on a
wide range of related issues, such as health, the environment, development, and information
and communication technologies are referred to below, where relevant.
1
2
Declaration on Social Progress and Development, General Assembly resolution 2542 (XXIV),
preamble.
Vienna Declaration and Programme of Action (A/CONF.157/23).See also Proclamation of Teheran,
Final Act of the International Conference on Human Rights, para. 18.
3