A/70/279 (Geneva), and experts’ meetings on 10 and 11 June (Geneva) and 28 and 29 October (New York University and Yale University) (see A/HRC/28/57, annex). Additional experts contributed through correspondence (see A/HRC/28/57, annex). Contributions from various States and stakeholders are available online. The Special Rapporteur is grateful to all those who contributed. II. International and national legal framework A. Relevant human rights provisions 7. The right to science and culture is recognized in several human rights instruments, in particular the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. It is also enshrined in regional human rights conventions and in many national constitutions, often alongside a commitment to the protection of intellectual property. 8. Article 27 of the Universal Declaration of Human Rights provides for the right of everyone (1) “freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits,” and to (2) “the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.” This dual aspect of participation and protection is included in all later articulations of the right to science and culture, in particular article 15, paragraph 1, of the International Covenant on Economic, Social and Cultural Rights, with article 15, paragraphs 2, 3 and 4, adding the touchstone principles of “conservation, development, and diffusion” of science and culture, the freedom indispensable for scientific research and creative activity, and the importance and desirability of international cooperation in the scientific and cultural fields. 9. The Committee on Economic, Social and Cultural Rights has elaborated on some aspects of the right to science and culture, through general comment 21 on the right to take part in cultural life (see E/C.12/GC/21) and general comment 17, on the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which she or he is the author (see E/C.12/GC/17). 10. General comment 17 distinguishes between intellectual property rights and human rights, emphasizing that the moral and material interests of authors do not necessarily coincide with the prevailing approach to intellectual property law. The Committee instead ties the “material interests” of authors to the ability of individual creators to enjoy an adequate standard of living, avoiding the conflation of this term with property rights or rights of exclusion, especially when held by corporations rather than individual creators. 11. General comment 17 emphasizes States’ obligations to strike an adequate balance between protecting the moral and material interests of authors and other human rights under the International Covenant on Economic, Social and Cultural Rights, including balancing the private interests of authors with the public’s interest in enjoying broad access. States should therefore ensure that their legal and other regimes for the protection of the moral and material interests of authors constitute no impediment to States’ ability to comply with their core obligations in relation to 15-12543 5/26

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