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The Right to Enjoy the Benefits of Scientific Progress State Obligations Yvonne Donders

The Right to Enjoy the Benefits of Scientific Progress State Obligations Yvonne Donders. Amsterdam Center for International Law. Science in UN Instruments. Charter of Economic Rights and Duties of States (1974)

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The Right to Enjoy the Benefits of Scientific Progress State Obligations Yvonne Donders

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  1. The Right to Enjoy the Benefits of Scientific ProgressState ObligationsYvonne Donders Amsterdam Center for International Law

  2. Science in UN Instruments • Charter of Economic Rights and Duties of States (1974) • Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind (1975) • Universal Declaration on the Human Genome and Human Rights (1997) • International Declaration on Human Genetic Data (2003)

  3. Science in Human Rights Instruments • Universal Declaration of Human Rights (Article 27) • International Covenant on Economic, Social and Cultural Rights (Article 15(1)b) • Declaration on Bioethics and Human Rights (Article 15)

  4. REBSP in the UDHR • Article 27(1) Everyone has the right…to share in scientific advancement and its benefits

  5. REBSP in the ICESCR • Article 15(1)(b) • The States Parties to the present Covenant recognize the right of everyone: (b) To enjoy the benefits of scientific progress and its applications; • The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture. • The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity. • The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields.

  6. REBSP - Content • Scientific freedom↔ freedom of expression and opinion, information, association and movement • Right to protection from possible harmful effects of science ↔ right to education, information • Right of access to and participation in science ↔ equality • International cooperation

  7. State Obligations • Obligations of Conduct and Result • Negative and Positive Obligations • Tripartite Typology of Obligations • To Respect • To Protect • To Fulfill • Facilitate • Provide • 4 A Scheme

  8. 4-A schedule (food, education, health, water) • Availability • Accessibility • Non-discrimination • Physical • Economic • Information • Acceptability • Adaptability  quality

  9. Progressive realization • Article 2 ICESCR 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. 2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

  10. Progressive Realization • General Comment No. 3 (1990) • Immediate obligations • Non-retrogression • Non-discrimination + equal treatment • (Financial) resources • International assistance and cooperation

  11. REBSP- State Obligations • Article 15 ICESCR • The States Parties to the present Covenant recognize the right of everyone: (b) To enjoy the benefits of scientific progress and its applications; • The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture. • The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity. • The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields.

  12. Committee on ESC Rights • Guidelines on Reporting • Ensure affordable access • Prevent the use of science for purposes contrary to human dignity • Freedom for scientific research • Conservation, development and diffusion of science + international cooperation • Reports and Concluding Observations

  13. Tripartite typology and REBSP • Respect • Protect • Fulfil • Limitations (Article 4 ICESCR) • By law • Legitimate aim • Necessary in democratic society

  14. 4-A Scheme and REBSP • Availability • Accessibility • Physical • Economic • Information • Non-discrimination • Quality • Acceptability?

  15. Concluding remarks Thank you for your attention Amsterdam Center for International Law

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