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The Right to Science A human rights imperative to expand affordable access to new technologies

The Right to Science A human rights imperative to expand affordable access to new technologies. Lea Shaver, Associate Professor Indiana University Robert H. McKinney School of Law. Everyone has the right… to share in scientific advancement and its benefits. - UDHR Art. 27

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The Right to Science A human rights imperative to expand affordable access to new technologies

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  1. The Right to ScienceA human rights imperative to expand affordable access to new technologies Lea Shaver, Associate Professor Indiana University Robert H. McKinney School of Law

  2. Everyone has the right… to share in scientific advancement and its benefits. - UDHR Art. 27 [T]he right of everyone… [t]o enjoy the benefits of scientific progress and its applications. - ICESCR Art. 15(1)(b) The Right to Science

  3. Everyone has the right… to share in scientific advancement and its benefits. - UDHR Art. 27 [T]he right of everyone… [t]o enjoy the benefits of scientific progress and its applications. - ICESCR Art. 15(1)(b) The Right to Science

  4. Everyone has the right… to share in scientific advancement and its benefits. - UDHR Art. 27 [T]he right of everyone… [t]o enjoy the benefits of scientific progress and its applications. - ICESCR Art. 15(1)(b) The Right to Science

  5. Audrey R Chapman, Towards an Understanding of the Right to Enjoy the Benefits of Scientific Progress and its Applications, 8 J. HUMAN RTS. 1, 1 (2009). This right is so obscure and so neglected in its interpretation that the overwhelming majority of human rights advocates, governments, and international human rights bodies appear to be oblivious to its existence. A Neglected Right

  6. Universal Declaration

  7. A Theory of the R2SC

  8. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Example: First Amendment

  9. Knowledge is a global public good, to be nurtured for the common benefit of all mankind. Public policy and the law should encourage its expansion and spread and be skeptical of attempts to monopolize it for private benefit. Global Public Goods

  10. Technology and the arts have the potential to vastly improve human welfare and quality of life. Like health, education, and shelter; technology and cultural experiences are also essential for human dignity and enjoyment of a life worth living. Universal Entitlements

  11. We cannot leave it entirely up to the market to produce and distribute these goods. The market has a role but so does government, to ensure that the system works for all, particularly for the poor, not just most affluent. Intervention for Access

  12. IP & Human Rights

  13. The right to science and culture prioritizes diffusion and access, opposes privatization of knowledge. Intellectual property law facilitates propertization and exclusion. Tension of R2SC with IP

  14. $2/tablet $0.03/tablet

  15. $27.99 ($12.74) $3.50 ($0.00)

  16. Global Income Distribution

  17. Right to Health & Drug Patents

  18. Right to Food & Seed Patents

  19. Right to Education & Books

  20. Apple v. Samsung

  21. Access to Electricity

  22. Norm Development

  23. Report of the Special Rapporteur in the Field of Cultural Rights, Farida Shaheed, A/HRC/20/26, May-July 2012. • “Ensure that innovations essential for a life with dignity reach everyone and identify the priority needs of marginalized populations.” Essential Technologies

  24. Report of the Special Rapporteur in the Field of Cultural Rights, A/HRC/20/26. • “Consider establishing universal services, including electricity, telephone and computer / Internet connections, to ensure access of all to these essential technologies.” Direct Provision

  25. Report of the Special Rapporteur in the Field of Cultural Rights, A/HRC/20/26. • “Guard against promoting the privatization of knowledge to an extent that deprives individuals of opportunities to take part in cultural life and enjoy the fruits of scientific progress, and consequently to reconsider the current maximalist intellectual property approach and explore the virtues of a minimalist approach to intellectual property protection.” Rebalance IP law

  26. Supreme Court of India

  27. Constitutional Court of South Africa

  28. Corte Constitucional de Colombia

  29. Conceptual Challenges

  30. Progressive realization within available resources, minimum core content, retrogressive measures. Justifying state-imposed burdens. Scope of national discretion vis-à-vis human rights & trade obligations. Defining State Duties

  31. Special Rapporteur spoke of “innovations essential for a life with dignity” and “priority needs of marginalized populations.” Medicines, water treatment, electricity. Internet? Technological change. Which Technologies?

  32. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. (UDHR Art. 27) How does this fit/conflict with expanding access to technology? Access & Protection

  33. Moving from theory to practice. Which fora are most favorable? What specific issues, cases to bring first? What constituencies can advance the right? Advocacy Strategies

  34. lbshaver@iu.eduhttp://leashaver.net

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