Article 15: the Right to Enjoy the Benefits of Scientific Progress and Its Applications Jessica...

“Article 15”: the Right to

Enjoy the Benefits of Scientific Progress and Its

Applications

Jessica Wyndham, Project Director

AAAS Science and Human Rights Program

January 22, 2010

Prologue

Context: International human rights framework

Definition: What does the right mean?

Application: The right in practice

A role for the scientific community

Outline

Science and Human Rights Program

Prologue

Article 15, International Covenant on Economic, Social and Cultural Rights

States shall:1. recognize the right of everyone to (b) enjoy the

benefits of scientific progress and its applications;

2. conserve, develop and diffuse science and culture;

3. respect the freedom indispensable for scientific research and creative activity; and

4. recognize the benefits of international contacts and co-operation in the scientific and cultural fields.


Evolution of the right to science

American Declaration on the Rights and Duties of Man

“Right to participate in the benefits that result from intellectual progress, especially scientific discoveries” (Article 13)

Universal Declaration of Human Rights

“Right to share in scientific advancement and its benefits” (Article 27)

International Covenant on Economic, Social and Cultural Rights

“Right to enjoy the benefits of scientific progress and its applications” (Article 15)

1948

1948

1966


Broad acceptance of the right

International declaration and resolutions:

bioethics (2005); human genetic data (2003); environment (2003); scientific progress (1994)

Regional treaties and declarations:

Europe: biomedicine (1997); Americas: economic, social and cultural rights (1988); human rights (1948)

National constitutions:

Armenia (1995); Moldova (1994); Paraguay (1992)

Among others…


Questions still to be answered

Why have you never heard of this right?

Is it a realistic right?

What does the right mean?

Who is responsible for implementing the right?

Is there a role for scientists in defining the right?

What can scientists do to promote implementation of the right?


Context:

International human rights framework


Universal Declaration of Human Rights(1948)

1st international comprehensive statement of human rights

basis for later national, regional, international human rights commitments

basic principles, not law


Universal Declaration of Human Rights

Article 27

(1948)

International Covenant on

Civil and Political Rights

(1966)


Economic, Social and

Cultural Rights

Article 15

(1966)

International Bill of Rights


Life

Torture

Information

Expression

Association

Political participation …

Work

Housing

Health

Environment

Culture

Benefits of Scientific Progress …


Civil and Political Rights

(1966)


Economic, Social and

Cultural Rights

(1966)


1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.

Article 2(1), International Covenant on Economic, Social and Cultural Rights

Economic, social and cultural rights


universal: everyone, without exception

inalienable: cannot be waived or taken away

indivisible, interdependent, and inter-related: come as a package

responsibility: governments

All human rights are:


Nature of government responsibilities

Respect: cannot do anything that will violate a human right

Protect: cannot allow a third party to do anything that will violate a human right

Fulfill: must do what is needed to make sure a human right is enjoyed


Definition:

What does this right mean?


The UNESCO process:

The Venice Statement


The UNESCO Process


Process:

three experts’ meetings over two years involving approximately 40 participants

Purpose:

to launch a process of research and dialogue on the content of this right

Participants:

lawyers, academics, medical ethicists, human rights practitioners, UN experts, AAAS

The Venice Statement: a preliminary vision

Components:

Fundamental PrinciplesNormative ContentRespect…Protect…Fulfill…


Venice Statement: Fundamental Principles

a) Right applicable across all disciplines

b) Science and applications must be compatible with human rights

c) Right is relevant to civil and political, and economic, social and cultural rights

d) Right linked to scientific freedom, rights of authors, food, health, environment etc

e) Right can be enjoyed individually and collectively

f) Right should applied consistently with precautionary principle

g) Implementation requires close international cooperation


Venice Statement: Normative Content

The normative content should be directed towards:

a) Creation of an enabling and participatory environment

b) Enjoyment of the applications of the benefits of scientific progress, implying non-discriminatory access

c) Protection from abuse and adverse effects of science and its applications


Venice Statement: Duty to Respect…

a) Freedoms indispensable for scientific research, including thought, to hold opinions, and seek, receive and impart information

b) Right of scientists to form and join professional societies

c) Freedom to collaborate with others both within and across international borders, including free exchange of information, research ideas and results


Venice Statement: Duty to Protect…

a) Take measures to prevent use by third parties of S&T to the detriment of human rights

b) Take measures to ensure the protection of the rights of human subjects, in particular the right to information, and free and informed consent


Venice Statement: Duty to Fulfill…

a) Adopt a legal, policy and institutional framework to promote the development and diffusion of science

b) Promote access to the benefits of science on a non-discriminatory basis

c) Monitor the potentially harmful effects of S&T

d) Encourage and strengthen international cooperation and assistance in S&T

e) Provide opportunities for public engagement in decision-making about S&T

f) Institute effective science curricula at all levels


Application:

The right in practice


Government responsibility

160 governments have ratified the International Covenant on Economic, Social and Cultural Rights

The US has signed, but not ratified the Covenant

Ratification:

The treaty becomes part of the law of that country.

Signatory:

The government can not violate the “object and purpose” of that treaty.


Explicit action to implement right: examples

Constitutional: incorporation of the right in domestic constitution

Legislative: protecting scientific freedom

supporting scientific associations or societies

Judicial: regulating practices within the pharmaceutical industry

Funding: support for research in identified areas of societal need


Implicit implementation of the right: examples

Brazil: improving access to HIV/AIDS treatment

Burundi: partnering with industry for health and education

United Kingdom: protecting scientific freedom and researchers

UNITAID: international cooperation for public health


Implicit implementation of the right: United States

Priority review vouchers:

- encouraging research into neglected diseases

Open access: National Institutes of Health

- providing access to scientific findings

Funding criteria: National Science Foundation

- assessing ‘broader impacts’ of R&D

Foreign policy:

- promoting unfettered internet access


A role for the scientific community


Venice Statement

17. “The comprehensive elucidation of this right, raising awareness of it, its implementation, and the monitoring of its realization require the cooperation and participation of [among others]… the scientific and academic communities.”

Science and Human Rights Coalition

“States shall recognize the right of everyone … to enjoy the benefits of scientific progress and its applications.”

-- International Covenant on Economic, Social, and Cultural Rights, Article 15

“To advance science and innovation throughout the world for the benefit of all people”

-- AAAS Mission

“To advance the broader chemistry enterprise and its practitioners for the benefit of Earth and its people.”

-- American Chemical Society Mission


What can you do?

Increase your knowledge and understanding Raise awareness within your organization

newsletters, Annual Meeting sessions, trainings Use the right to inform your work:

when setting funding and research priorities

when designing and assessing research methodologies

Rely on the right explicitly as appropriate:

when addressing governments bound by the right

when advocating for policy change based on law or principle


What is the Coalition doing?

Through the Coalition’s Joint Initiative: Raising awareness about the right: trainings,

information materials, sessions Engaging scientific organizations in the elucidation of

the right Exploring how the right relates to standards of good

scientific practice Identifying indicators for measuring compliance with the

right And more…


Article 15 ProjectAAAS Science and Human Rights Program

Working with scientists to bring their

skills and influential voices to bear on the

promotion and application of the

right to the benefits of scientific progress.

http://shr.aaas.org/Programs/program_article15.htm


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