A/HRC/55/44
scientific diversity, real inclusivity of all stakeholders, including Indigenous Peoples and civil
society organizations, transparency in debates and outcomes and the prohibition of conflicts
of interest.68 Effective communication that bridges the gap among the language and priorities
of scientists, policymakers and the general population is of paramount importance. In that
function, journalists have a crucial role to play and should be guaranteed access, information
and freedom of speech.
3.
Participation in benefits and in preventing harms
57.
In paragraph 56 of its general comment No. 25 (2020), the Committee stressed that
participation included the right to information and participation in controlling the risks
involved in scientific processes and their applications. In view of the unequal distribution of
benefits and risks within and among societies, the Special Rapporteur underscores that
participation must entail a conversation on both benefits and risks and whom they affect. In
particular, focusing on the participation modalities of vulnerable and marginalized groups,
including Indigenous Peoples, peasants and those located in remote areas, is essential.
58.
The recognition of communities or knowledge previously excluded, such as
Indigenous science and traditional knowledge, and benefit-sharing are key elements of
participation. Participation can facilitate a collaborative and inclusive approach that enables
the responsible exploration of the opportunities to benefit scientific progress and its
applications, checked against specific risks for specific communities. Benefit-sharing
includes sharing in the material benefits or products of scientific advancements and access to
scientific knowledge and education and developing one’s critical mind and faculties
associated with doing science.69 All of those achievements must be shared with everyone in
all parts of the world without discrimination and without restrictions based on commercial
interests. The only caveat that the Special Rapporteur would raise relates to the right of
Indigenous Peoples, deriving from their right to self-determination and the recognition of
historical injustices committed against them, to decide on the level to which they open up
their traditional knowledge to the world.
59.
The right to participation in science also includes the right to participate in anticipating
the harms resulting from science, in accordance with States’ obligation to prevent harm and
the precautionary and the due diligence principles (see sect. V). In that respect, it is important
to be wary of the self-validation of science by means of impact assessments, as their technical
nature does not fully address questions of wider human rights and dignity. Participation in
decision models, rather than mere impact assessments, can offer better ways of predicting
and preventing harms.
4.
Right not to participate in science
60.
An important aspect of the right to participate in science is the right not to participate.
The issue of consent is an important one and must always be taken into consideration, based
in particular on article 7 of the International Covenant on Civil and Political Rights, providing
that no one shall be subjected without one’s free consent to medical or scientific
experimentation. Guaranteeing informed consent is also a fundamental dimension of the right
to health and requires adopting policies, practices and protocols that are respectful of
autonomy, self-determination and human dignity.70
61.
More widely, the right not to participate derives from considering the right to access
to and participation in science as a cultural right. As has always been stressed under the
mandate, people always enjoy their right to participate or not to participate in one or several
communities, to freely develop their multiple identities, to access their cultural heritage as
well as that of others and to contribute to the creation of culture, including through the
contestation of dominant norms and values within the communities they choose to belong to
as well as those of other communities.71
68
69
70
71
14
See, for example, contribution from Hungary.
General comment No. 25 (2020), para. 10.
A/64/272, para. 93.
See, for example, A/HRC/14/36, para. 10.
GE.24-01813