A/HRC/20/26
and requires States to take specific measures to promote education and training for women,
particularly in the fields of science and technology.
12.
Article 13 of the European Charter of Fundamental Rights requires that scientific
research be “free of constraint”. The Convention on Human Rights and Biomedicine of the
Council of Europe contains, in the preamble thereto, important provisions, including “the
need for international cooperation so that all humanity may enjoy the benefits of biology
and medicine”; it also declares that the “interests and welfare of the human being shall
prevail over the sole interest of society or science” (art. 2). Importantly, the need for
appropriate public consultation and debate is underlined (art. 28). The Convention also
provides clear guidelines regarding the conditions under which research involving human
persons may be conducted.
B.
Domestic implementation
13.
According to information provided to the Special Rapporteur through, inter alia, the
responses to her questionnaire, the right to enjoy the benefits of scientific progress and its
applications is recognized explicitly in the constitutions of at least four countries (Armenia,
Ecuador, Paraguay, Republic of Moldova). Numerous other constitutions protect specific
aspects of this right, such as the right to have access to science (Brazil, Colombia,
Dominican Republic, Estonia, Kyrgyzstan, Lithuania, Yemen); promotion of scientific
research and infrastructure development (Argentina, Brazil, Chile, China, Croatia,
Democratic People’s Republic of Korea, Ecuador, Guatemala, Iran (Islamic Republic of),
Korea, Kuwait, Madagascar, Malta, Mexico, Switzerland, the former Yugoslav Republic of
Macedonia, Uzbekistan); promotion of scientific research specifically for social benefit
(Brazil, Democratic Republic of the Congo, Ecuador); protection of scientific freedom
(Afghanistan, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Croatia, Czech
Republic, Democratic Republic of the Congo, Ecuador, Egypt, Georgia, Hungary, Japan,
Kazakhstan, Kyrgyzstan, Latvia, Madagascar, Portugal, the Republic of Korea, the
Republic of Moldova, Spain, Switzerland, Tajikistan, the former Yugoslav Republic of
Macedonia, Turkey, Ukraine, Uzbekistan); support for science education (Brazil,
Colombia, Zambia); promotion of the dissemination and/or use of science and technology
(Argentina, Colombia, Czech Republic, Democratic People’s Republic of Korea,
Dominican Republic, Ecuador, Georgia, Honduras); encouraging international cooperation
in science and technology (Bosnia and Herzegovina); promotion of innovation and free
public research (Switzerland); and support for private initiatives aimed at scientific progress
(Costa Rica).
14.
Key challenges confronting States include the lack of human capacity, in particular
scientists; inadequate science education and trained teachers; insufficient equipment and
infrastructure; a paucity of public or private funding; and absence of targeted national plans
or programmes (see submissions by Costa Rica, Georgia, Guatemala, Mauritius, Peru,
Serbia, Uruguay and Viet Nam). Additionally, some States mentioned a low level of
intellectual property protection (Costa Rica, Mauritius), brain drain (Mauritius), lack of
national scientific journals (Guatemala) and ineffective models of transfers of technology
(Uruguay, Viet Nam). The need for more effective involvement of sectors of society that
would benefit from research and development was also stressed (Uruguay). Furthermore,
the diverse and dispersed character of a population may present challenges for realizing this
right, particularly for marginalized groups with a diminished ability to safeguard their
interests in the context of specific research projects (Canada, Viet Nam).
15.
States have taken steps to address the above-mentioned challenges, especially in the
area of scientific education and international cooperation. These steps include promoting
scientific cooperation and connecting scientists internationally, offering scholarships and
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