1. The Right to Enjoy the Benefits of Scientific Progress State Obligations Yvonne 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 Quality Acceptability?
Physical
Economic
Information
Non-discrimination
Quality
Acceptability?

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