the right to enjoy the benefits of scientific progress state obligations yvonne donders
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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) - PowerPoint PPT PresentationTRANSCRIPT
The Right to Enjoy the The Right to Enjoy the Benefits Benefits
of Scientific Progressof Scientific Progress
State ObligationsState Obligations
Yvonne DondersYvonne Donders
Amsterdam Center for International Law
Science in UN Instruments 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)
Science in Human Rights Science in Human Rights InstrumentsInstruments 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)
REBSP in the UDHRREBSP in the UDHR
Article 27(1)Everyone has the right…to share in scientific advancement and its benefits
REBSP in the ICESCRREBSP in the ICESCR Article 15(1)(b)Article 15(1)(b)
1. The States Parties to the present Covenant recognize the right of everyone: (b) To enjoy the benefits of
scientific progress and its applications; 2. 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.
3. The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity.
4. 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.
REBSP - ContentREBSP - 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
State ObligationsState Obligations
Obligations of Conduct and Result Negative and Positive Obligations Tripartite Typology of Obligations
To RespectTo ProtectTo Fulfill
FacilitateProvide
4 A Scheme
4-A schedule (food, 4-A schedule (food, education, health, water)education, health, water) Availability Accessibility
Non-discrimination Physical Economic Information
Acceptability Adaptability quality
Progressive realizationProgressive realization
Article 2 ICESCR1. 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.
Progressive RealizationProgressive Realization
General Comment No. 3 (1990)Immediate obligationsNon-retrogression
Non-discrimination + equal treatment
(Financial) resources International assistance
and cooperation
REBSP- State ObligationsREBSP- State Obligations Article 15 ICESCRArticle 15 ICESCR
1.The States Parties to the present Covenant recognize the right of everyone: (b) To enjoy the benefits of scientific
progress and its applications; 2.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.
3.The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity.
4.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.
Committee on ESC RightsCommittee 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
Tripartite typology and Tripartite typology and REBSPREBSP
Respect Protect Fulfil Limitations (Article 4 ICESCR)
By law Legitimate aim Necessary in democratic society
4-A Scheme and REBSP4-A Scheme and REBSP
Availability Accessibility
Physical Economic Information Non-discrimination
Quality Acceptability?
Concluding remarksConcluding remarks
Thank you for your attentionThank you for your attention
Amsterdam Center for International Law