A/HRC/20/26
B.
Normative content and related obligations of States
25.
The normative content of the right to benefit from scientific progress and its
applications includes (a) access to the benefits of science by everyone, without
discrimination; (b) opportunities for all to contribute to the scientific enterprise and
freedom indispensable for scientific research; (c) participation of individuals and
communities in decision-making; and (d) an enabling environment fostering the
conservation, development and diffusion of science and technology.
1.
Access by all without discrimination
26.
The right to science connotes, first of all, a right of access: scientific knowledge,
information and advances must be made accessible to all, as stated in article 2 of the
International Covenant on Economic Social and Cultural Rights, without discrimination of
any kind as to race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status. Access must be to science as a whole, not only
to specific scientific outcomes or applications.
27.
The right to have access to scientific knowledge is pivotal for the realization of the
right to science. At the juncture of the right to education and the right to information, it
implies a right to science education, understood as a right to be introduced to and informed
about main scientific discoveries and their applications, regardless of frontiers. It also
entails education instilling a spirit of scientific inquiry. 22 Popularizing science outside
schooling is also important. Interesting measures such as “science week”, the introduction
of “science cafés” and the opening of science museums with specific educational
approaches contribute to this objective.23
28.
Access to scientific information for researchers is essential. Some States have taken
steps to promote such access. In Spain and the United States of America, for example,
researchers principally supported through public funds must make public a digital version
of their research no later than 12 months after publication.24 Germany referred to the Berlin
Declaration on Open Access to Knowledge in the Sciences and Humanities, which may be
signed by various stakeholders. The Special Rapporteur also notes with great interest the
development of open-access journals and repositories, and the importance of mandatory
open-access policies implemented by some universities and research institutions, which
“incorporates local research into interoperable network of global knowledge, increases
impact of local research, providing new contacts and research partnerships for authors, and
removes professional isolation”.25
29.
Another aspect is the right to have access to scientific applications and technologies.
One core principle is that innovations essential for a life with dignity should be accessible
to everyone, in particular marginalized populations. The potential implications of scientific
advances likely to have a significant impact on human rights, such as electricity,
information and communication technologies, nanotechnology and synthetic biology, need
attention.26
22
23
24
25
26
Submission by Observatoire des droits et de la diversité culturels.
See submissions by Canada, Costa Rica, Germany, Guatemala, Japan, Mauritius and Spain .
See also the submission from Georgia.
See submission by EIFL – Knowledge without boundaries, in particular pp. 3-4.
See for example Anita Gurumurthy, Parminder Jeet Singh, Gurumurthy Kasinathan, “Pro-poor access
to ICTs – Exploring appropriate ownership models for ICTD initiative”, available from
www.itforchange.net/Pro-poor, and Thomas Alured Faunce, “Nanotechnology in global medicine and
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