A/HRC/55/44 62. Those rights were confirmed by the Committee on Economic, Social and Cultural Rights, which stressed that the decision by a person whether or not to exercise the right to take part in cultural life individually, or in association with others, was a cultural choice and, as such, should be recognized, respected and protected on the basis of equality. The Committee noted the crucial importance of that aspect for Indigenous Peoples,72 who could refuse to participate in collective testing or any other scientific endeavour. 63. The possibility for people to refuse to give data or to undergo a specific medical treatment or vaccines, or to submit themselves to any specific scientific innovation labelled as “progress” is crucial. Of particular importance is one’s right to refuse to participate in research without jeopardizing one’s medical treatment.73 The cases in which consent is not required are very rare and should be interpreted in the most restrictive manner. V. Limits of the right to access to and participation in science 64. The right to access to and participation in science is not absolute and may need to be balanced with other rights, such as the rights to privacy and bodily integrity, or with public interests, such as the general welfare in a democratic society, as stated in article 4 of the International Covenant on Economic, Social and Cultural Rights. Such balance also needs to be considered within the various dimensions of the right to access to and participation in science. Importantly, both elements of that right, namely, the duty to promote the beneficial aspects of science and the duty to protect against its adverse effects, 74 must be addressed. Hence, the right to science must not be used to justify the development of approaches that would potentially hinder ecosystems and fundamental rights across the globe, 75 nor can it be used to attack or to enable attacks against science as a common good. 65. The legality, necessity and proportionality test serves well in balancing the right to science with other principles and rights. While States have an obligation to fully respect, protect and fulfil the right to access to and participation in science, they also have the obligation to prevent harm, in particular under their obligation to respect and protect all human rights, and to ensure the implementation of the precautionary and due diligence principles. 66. As mentioned by the Committee on Economic, Social and Cultural Rights, the precautionary principle requires taking measures to avoid or minimize risks of serious and irreversible harm, where scientific evidence is uncertain. 76 As the risk for harm becomes more tangible and more certain, States must move from precautionary measures to prevention measures. The standard of due diligence becomes important then, as States should use their best efforts to prevent or mitigate harm in specific circumstances. Equity towards future generations should also be taken into consideration.77 67. In that context, States must hold companies that operate within their territory accountable for harm resulting from scientific research and their products by implementing national legislation. Furthermore, States must extraterritorially protect the right not to be harmed by science and scientific products by preventing companies that have their main offices within their territory from violating that right abroad.78 States are under the obligation to take reasonable steps to prevent harm resulting from the scientific endeavours and products of their companies beyond their territory. 79 Appropriate monitoring and accountability 72 73 74 75 76 77 78 79 GE.24-01813 General comment No. 21 (2009), para. 7. Advisory Committee of the People with AIDS, the Denver Principles. Samantha Besson, “The ‘human right to science’ qua right to participate in science”, The International Journal of Human Rights, 6 September 2023. See contribution from the Center for International Environmental Law. General comment No. 25 (2020), para. 56. See contribution from Monika Plozza. See also Monika Plozza, “The science lens: the human right to science” (2023), available at https://radar.gesda.global/introduction/2023-highlights-deep-dives/thescience-lens-the-human-right-to-science. E/C.12/2011/1, paras. 5 and 6. See also Committee on Economic, Social and Cultural Rights, general comment No. 19 (2007), para. 54; and general comment No. 14 (2000), para. 39. Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017), para. 33. 15