A/HRC/46/34
67.
As previously established under the mandate, 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 in
decision-making; and (d) an enabling environment fostering the conservation, development
and diffusion of science and technology.145
68.
The Sustainable Development Goals are key to the implementation of cultural rights
and vice versa. Progress on human rights obligations and on the Goals are two sides of the
same coin. Moreover, the safeguarding and promotion of culture contributes directly to the
achievement of many of the Goals relating to safe and sustainable cities, decent work and
economic growth, reduced inequalities, the environment, the promotion of gender equality,
and peaceful and inclusive societies, and those explicitly referencing culture. 146
69.
The core human rights values of solidarity and international cooperation are critical
to pandemic responses and recovery.147 This is a moment to emphasize provisions such as
Articles 55 and 56 of the Charter of the United Nations, which emphasize the promotion of
collective solutions of international economic, social, health and related problems
international cultural and educational cooperation (Art. 55 (b)) and universal human rights.
It is also a critical moment to creatively and vigorously implement article 15 (4) of the
International Covenant on Economic, Social and Cultural Rights, which recognizes the
benefits to be derived from the encouragement and development of international contacts and
cooperation in the scientific and cultural fields.
70.
The Committee on Economic, Social and Cultural Rights recently underscored the
critical importance of article 15 (4) for the enjoyment of the right to science.148 In particular,
international cooperation is needed to address global disparities in access to science and
technology. 149 Moreover, the benefits and applications resulting from scientific progress
should be shared, particularly with developing countries, communities living in poverty and
groups with special needs and vulnerabilities.150 States have extraterritorial obligations with
regard to the full realization of the right to science. 151 Combating pandemics effectively
requires stronger commitment from States to scientific international cooperation, as national
solutions are insufficient. Sharing the best scientific knowledge and its applications,
especially in the medical field, becomes crucial to mitigate the impact of the disease. 152
71.
The Secretary-General released a policy paper in April 2020, in which he called for
approaches to the pandemic to be shaped by human rights. 153 In presenting the paper, he
noted: “A human rights lens puts everyone in the picture and ensures that no one is left
behind.”154 While cultural rights are not specifically discussed in the paper, the SecretaryGeneral noted in particular that the crisis posed “cultural threats to indigenous peoples”.155
The addition of cultural rights to the paper’s important emphasis on the role of economic and
social rights in creating crisis resilience is essential.
72.
The International Covenant on Economic, Social and Cultural Rights does not contain
an article on possible derogations from State obligations similar to article 4 of the
International Covenant on Civil and Political Rights.156 This means that even during a crisis
145
146
147
148
149
150
151
152
153
154
155
156
18
Ibid., para. 25.
See General Assembly resolution 70/1, annex; see also Jyoti Hosagrahar, “Culture: at the heart of
SDGs”, The UNESCO Courier, April–June 2017.
See, for example, www.asil.org/insights/volume/24/issue/15/collapse-global-cooperation-under-whointernational-health-regulations.
General comment No. 25 (2020), para. 77.
Ibid., para. 79.
Ibid., para. 80.
Ibid., paras. 83–84.
Ibid., para. 82.
“We are all in this together: human rights and COVID-19 response and recovery”. Available at
www.un.org/sites/un2.un.org/files/un_policy_brief_on_human_rights_and_covid_23_april_2020.pdf.
See www.unocha.org/story/covid-19-and-human-rights-un-says-%E2%80%98we-are-alltogether%E2%80%99.
“We are all in this together”, p. 12.
A/HRC/44/39, paras. 9–12.