A/HRC/20/26
student exchanges, sharing information, exchanging equipment, ensuring technology
transfers and entering into technical cooperation agreements (Canada, Costa Rica,
Germany, Greece, Japan, Peru, Serbia, Spain, Uruguay). Measures have been taken to
promote access to the Internet, open access to scientific knowledge, the dissemination of
scientific knowledge among the public and public participation in science-related matters.
Specific programmes address disparities in access to scientific advances by, inter alia,
women and persons with disabilities,5 and in rural communities (Peru). Some States
facilitate the participation of women in scientific enterprise (Germany, Greece, Japan,
Serbia, Spain, Viet Nam).
C.
Relationship with other human rights
1.
The rights to science and culture: a strong link
16.
The rights to science and culture are interlinked. Importantly, the Human Rights
Council, in its resolution 10/23, established the mandate on cultural rights. In resolution
19/6, the Council renewed the mandate, deeming it necessary to reaffirm “he right of
everyone to take part in cultural life and to enjoy the benefits of scientific progress and its
applications.
17.
The two rights have interesting similarities. Both relate to the pursuit of knowledge
and understanding and to human creativity in a constantly changing world. The preparatory
work on the Universal Declaration of Human Rights and the International Covenant on
Economic, Social and Cultural Rights reflected the intention of the drafters to include a
provision promoting universal access to science and culture. 6 In addition, it has been
suggested that, at the signing of the Universal Declaration, “the United Nations had come to
envision the sharing of scientific and cultural knowledge as something that could unite an
international community – a common task that would contribute to cross-cultural
understanding and yield a more secure world”7 and that these international norms require a
public good approach to knowledge innovation and diffusion”. 8 This idea is reflected in the
Constitution of the United Nations Educational, Scientific and Cultural Organization
(UNESCO), mandated to protect “the world’s inheritance of books, works of art and
monuments of history and science” and to encourage international “cooperation in all
branches of intellectual activity”.
18.
A prerequisite for implementing both rights is ensuring the necessary conditions for
everyone to continuously engage in critical thinking about themselves and the world they
inhabit, and to have the opportunity and wherewithal to interrogate, investigate and
contribute new knowledge with ideas, expressions and innovative applications, regardless
of frontiers. More precisely, the right to participate in cultural life entails ensuring
conditions that allow people to reconsider, create and contribute to cultural meanings and
manifestations in a continuously developing manner.9 The right to enjoy the benefits of
science and its applications entails the same possibilities in the field of science, understood
as knowledge that is testable and refutable, including revisiting and refuting existing
theorems and understandings. Finally, both cultural and science-related rights encompass
5
6
7
8
9
6
See submission by the World Intellectual Property Organization (WIPO), pp. 11-13.
See in particular Lea Shaver, “The right to science and culture”, Wisconsin Law Review, 2010, p. 134.
See also Mylène Bidault, La protection internationale des droits culturels, Bruylant, 2009, p. 431.
L. Shaver, “The right to science and culture” (see footnote 6), p. 141
Ibid., p. 128.
A/HRC/14/36, paras. 30 and 51.