A/HRC/55/44
Economic, Social and Cultural Rights. A first report on the right to enjoy the benefits of
scientific progress and its applications contained the conclusion that the normative content
of that right included (a) access to the benefits of science and its applications, including
scientific knowledge, 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 the related right to
information; and (d) an enabling environment fostering the conservation, development and
diffusion of science and technology.6 That report was followed by two reports, one on the
impact of copyright policy7 and the other on the impact of patent policy8 on the realization of
cultural rights. Those reports and their recommendations are still relevant today.
7.
Since science and technology are crucial for the implementation of the Sustainable
Development Goals, the report of the Special Rapporteur on development and cultural rights:
the principles is also relevant. In that report, she recalled that people and peoples must be the
primary beneficiaries of sustainable development processes and that such development
should be culturally sensitive, self-determined and community led. She underlined the close
ties between development and cultural rights as set out in international human rights law,
declarations and resolutions.9
8.
Within the United Nations Educational, Scientific and Cultural Organization
(UNESCO), several important recommendations have been adopted, notably the
Recommendation on Science and Scientific Researchers, in 2017, and the Recommendation
on Open Science and the Recommendation on the Ethics of Artificial Intelligence, both
adopted in 2021. One important outcome of the Recommendation on Science and Scientific
Researchers was a definition of the terms ��science” (para. 1) and “the sciences” (para. 2), and
a clear recognition that research and development are not carried in isolation, but should be
aimed at the well-being of people in the present and the future and the fulfilment of the goals
of the United Nations, while giving sufficient attention to the advancement of science and
scientific knowledge per se. Such understanding that science should promote human rights
and global justice is the basis of the present report.
9.
In 2020, the Committee on Economic, Social and Cultural Rights confirmed that
science was a part of culture and that the right protected by article 15 (1) (b) of the
International Covenant on Economic, Social and Cultural Rights was a right to participate in
and to enjoy the benefits of scientific progress, in terms of both knowledge and application. 10
10.
The Special Rapporteur also stresses the importance, under international human rights
law, of the principle of participation for all based, in particular, on article 25 of the
International Covenant on Civil and Political Rights but also on article 15 of the International
Covenant on Economic, Social and Cultural Rights regarding participation in cultural life.
The cultural element of participation is often forgotten, however, and should be strengthened.
Participation is meaningless if it is not embedded in one’s own context and does not integrate
people and peoples with their identities, values, aspirations and resources. That is what
community-led development means. Furthermore, people involved in scientific endeavours
contribute crucially to vivid civic spaces. The cultural element of participation should
therefore be fully considered when implementing the guidelines for States on the effective
implementation of the right to participate in public affairs, endorsed by the Human Rights
Council in its resolution 39/11.
11.
Of particular relevance is the additional protection granted in international law to
marginalized and vulnerable groups that face structural discrimination, including women and
girls, persons with disabilities or living in poverty, members of minority communities and
Indigenous Peoples. On the basis of their right to self-determination, Indigenous Peoples have
the right to participate fully, if they so choose, in the cultural and public life of the wider
society and to maintain, protect and develop all manifestations of their cultures, including
6
7
8
9
10
4
A/HRC/20/26, para. 25.
A/HRC/28/57.
A/70/279 and A/70/279/Corr.1.
A/77/290, paras. 11–15 and 98.
Committee on Economic, Social and Cultural Rights, general comment No. 25 (2020), paras. 8 and
11.
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