1. “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

2. Outline Science and Human Rights Program Prologue
Context: International human rights framework
Definition: What does the right mean?
Application: The right in practice
A role for the scientific community

3. Prologue

4. Science and Human Rights Program
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.

5. Evolution of the right to science
Science and Human Rights Program
Evolution of the right to science
1948
1966
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)

6. Broad acceptance of the right
Science and Human Rights Program
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…

7. Questions still to be answered
Science and Human Rights Program
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?

8. International human rights framework
Science and Human Rights Program
Context:
International human rights framework

9. Universal Declaration of Human Rights
Science and Human Rights Program
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

10. International Bill of Rights
Science and Human Rights Program
International Bill of Rights

11. Science and Human Rights Program
International Covenant on
Civil and Political Rights
(1966)
International Covenant on
Economic, Social and
Cultural Rights
(1966)
Life
Torture
Information
Expression
Association
Political participation …
Work
Housing
Health
Environment
Culture
Benefits of Scientific Progress …

12. Economic, social and cultural rights
Science and Human Rights Program
Economic, social and cultural rights
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

13. All human rights are: Science and Human Rights Program
universal: everyone, without exception
inalienable: cannot be waived or taken away
indivisible, interdependent, and inter-related: come as a package
responsibility: governments

14. Nature of government responsibilities
Science and Human Rights Program
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

15. What does this right mean?
Science and Human Rights Program
Definition:
What does this right mean?

16. The UNESCO process: The Venice Statement
Science and Human Rights Program
The UNESCO process:
The Venice Statement

17. Science and Human Rights Program
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

18. Science and Human Rights Program
The Venice Statement: a preliminary vision Components: Fundamental Principles Normative Content Respect… Protect… Fulfill…

19. Venice Statement: Fundamental Principles
Science and Human Rights Program
Venice Statement: Fundamental Principles
Right applicable across all disciplines
Science and applications must be compatible with human rights
Right is relevant to civil and political, and economic, social and cultural rights
Right linked to scientific freedom, rights of authors, food, health, environment etc
Right can be enjoyed individually and collectively
Right should applied consistently with precautionary principle
Implementation requires close international cooperation

20. Venice Statement: Normative Content
Science and Human Rights Program
Venice Statement: Normative Content
The normative content should be directed towards:
Creation of an enabling and participatory environment
Enjoyment of the applications of the benefits of scientific progress, implying non-discriminatory access
Protection from abuse and adverse effects of science and its applications

21. Venice Statement: Duty to Respect…
Science and Human Rights Program
Venice Statement: Duty to Respect…
Freedoms indispensable for scientific research, including thought, to hold opinions, and seek, receive and impart information
Right of scientists to form and join professional societies
Freedom to collaborate with others both within and across international borders, including free exchange of information, research ideas and results

22. Venice Statement: Duty to Protect…
Science and Human Rights Program
Venice Statement: Duty to Protect…
Take measures to prevent use by third parties of S&T to the detriment of human rights
Take measures to ensure the protection of the rights of human subjects, in particular the right to information, and free and informed consent

23. Venice Statement: Duty to Fulfill…
Science and Human Rights Program
Venice Statement: Duty to Fulfill…
Adopt a legal, policy and institutional framework to promote the development and diffusion of science
Promote access to the benefits of science on a non-discriminatory basis
Monitor the potentially harmful effects of S&T
Encourage and strengthen international cooperation and assistance in S&T
Provide opportunities for public engagement in decision-making about S&T
Institute effective science curricula at all levels

24. Application: The right in practice
Science and Human Rights Program
Application:
The right in practice

25. Government responsibility
Science and Human Rights Program
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.

26. Explicit action to implement right: examples
Science and Human Rights Program
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

27. Implicit implementation of the right: examples
Science and Human Rights Program
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

28. Implicit implementation of the right: United States
Science and Human Rights Program
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

29. A role for the scientific community
Science and Human Rights Program
A role for the scientific community

30. Science and Human Rights Coalition
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.”

31. Science and Human Rights Program
“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

32. Science and Human Rights Program
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

33. What is the Coalition doing?
Science and Human Rights Program
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…

34. Article 15 Project AAAS 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.