What does the “right to enjoy the benefits of scientific progress” mean for scientists
and human rights actors in how they conduct their work? Who has the responsibility
to see that the right is enjoyed by all? How does this right relate to other
human rights, including intellectual property rights? These and other questions
are considered in a growing body of literature about the right to enjoy the benefits
of scientific progress.
Below is a bibliography we have compiled of international and regional human
rights documents, articles, books, meeting reports, and links relating to the
right to enjoy the benefits of scientific progress and its applications in specific
circumstances. In the coming months we will, to the extent possible, make these
materials available on-line.
This bibliography will be regularly updated. If you are aware of any relevant
materials that should be listed below but currently are not, please contact
us.
International human rights
documents
Universal Declaration of Human Rights, 1948 (see in particular Article 27).
Arabic | Chinese | English | French | German | Italian | Russian | Spanish | over 350 other languages
International Covenant on Economic Social and Cultural Rights, 1966 (see in
particular article 15).
English | French | Spanish
General Comment No. 6 to the ICESCR, “The economic, social and cultural rights
of older persons,” 8 December 1995, (see in particular paras 39 and 42).
English
General Comment No. 17 to the ICESCR, “The right of everyone to benefit from
the protection of the moral and material interests resulting from any scientific,
literary or artistic productions of which he or she is the author,” (Article
15, paragraph 1(c), of the Covenant), 12 January 2006 (see in particular paragraph
4).
English | French | Spanish
International Declaration on Human Genetic Data, 2003 (UNESCO) (see in particular
Article 19).
English | French | Spanish
Universal Declaration on Bioethics and Human Rights, 2005 (UNESCO) (see in
particular Article 15).
English | French | Spanish
Vienna Declaration and Programme of Action, 1993 Vienna Conference on Human
Rights (see in particular para 11).
English
UN Commission on Human Rights resolution, "Human rights and the environment as part of sustainable development," UN Doc. E/CN.4/RES/2003/71, 25 April 2003.
English | French | Spanish
UN Commission on Human Rights resolution, "Human rights and the environment as part of sustainable development," UN Doc. E/CN.4/RES/2005/60, 20 April 2005.
English | French | Spanish
UN Economic and Social Council resolution, “Human rights and
scientific and technological developments,” Resolution 1983/37, 27 May 1983
English
UN General Assembly resolution, “Human rights and scientific and technological
progress,” UN Doc. A/RES/46/126, 17 December 1991.
English
UN General Assembly resolution, “Human rights and scientific and technological
progress,” UN Doc. A/RES/48/140, 7 March 1994.
Arabic | Chinese | English | French | Russian | Spanish
UN Charter of Economic Rights and Duties of States, 1974.
English
Declaration on the Use of Scientific and Technological Progress in the Interest
of Peace and for the Benefit of Mankind, 1975.
English | French | Spanish
Proclamation of Tehran (1968), International Conference on Human Rights (see
in particular para 18).
English
Regional
human rights documents
Conference of American States, American Declaration on the Rights and Duties
of Man, 1948 (see in particular Article 13(1)).
English | Spanish
Organization of American States, Additional Protocol to the American Convention
on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol
of San Salvador), 1988 (see in particular Article 14).
English | Spanish
Council of Europe, Convention on Human Rights and Biomedicine, 1997.
English | French | German | Italian | Russian
Books,
articles and reports
General
Chapman, Audrey R. (1999), “A human rights perspective on intellectual property,
scientific progress and access to the benefits of science,” in Intellectual
Property and Human Rights, (Geneva: World Intellectual Property Organization),
pp. 127-68.
Chapman, A. (2007), “Development of Indicators for Economic, Social and Cultural
Rights: The Rights to Education, Participation in Cultural Life and Access to
the Benefits of Science,” in Donders Y. and Volodin V. (eds) Human Rights in
Education, Science and Culture: Legal Developments and Challenges, UNESCO, pp.
111-152.
Chapman, A. and Russell, S. (eds) (2002), Core Obligations: Building a Framework
for Economic, Social and Cultural Rights, Intersentia.
Claude, Richard P. (2002), Science in the Service of Human Rights: An Introductory
Class for Science, Technology and Public Health.
Claude, Richard P. (2002), Science in the Service of Human Rights, University
of Pennsylvania Press.
Claude, Richard P. (2002), “Scientists’ Rights and the Human Rights to the
Benefits of Science,” in Chapman, A and Russell, S (eds) (2002), Core Obligations:
Building a Framework for Economic, Social and Cultural Rights, Intersentia.
Schabas, William A. (2007), “Study of the Right to Enjoy the Benefits of Scientific
and Technological Progress and Its Applications,” in Donders Y. and Volodin
V. (eds) Human Rights in Education, Science and Culture: Legal Developments
and Challenges, UNESCO, pp. 273-308.
Weeramantry, C.G. (ed.) (1990), Human Rights and Scientific and Technological
Development, The United Nations University.
Access to medicine
Yamin, Alicia Ely (2002), “Not just a tragedy: Access to medications as a right
under international law,” Boston University International Law Journal, 21:352-70.
Biotechnology
Government of Canada (July 2005), A Brave New World: Where Biotechnology and
Human Rights Intersect, (see in particular Chapter 2.4.3).
Food
Haugen, Hans Morten (2005), "The Right to Food, the Right to Benefit from Science
and the TRIPS Agreement," in Eide, W. B. and Kracht, U. (eds), Food and Human
Rights in Development, Intersentia, pp. 425-460.
Intellectual property
Bidault, Mylène (2000), “La protection des droits culturels par le Comité
des droits économiques, sociaux et culturels,” UN Doc. E/C.12/2000/14, 2 October
2000.
French
Chapman, Audrey R. (2000), “Approaching intellectual property as a human right:
Obligations related to Article 15(1)(c),” UN Doc. E/C.12/2000/12, 3 October
2000.
English | French | Spanish
Committee on Economic, Social and Cultural Rights, Statement (2001), “Follow-up
to the day of general discussion on article 15.1(c)”, UN Doc. E/C.12/2001/15,
14 December 2001.
English | French | Spanish
Dommen, Caroline (2000), “Economic, social and cultural rights and WTO work
on intellectual property rights – Current processes and opportunities,” UN Doc.
E/C.12/2000/20, 13 December 2000.
English | French | Spanish
ECOSOC (2000), “Protecting the rights of Aboriginal and Torres Strait Islander
traditional knowledge,” UN Doc. E/C.12/2000/17, 27 October 2000.
English | French | Spanish
ECOSOC (2000), “Protection of Intellectual Property under the TRIPS Agreement,”
UN Doc. E/C.12/2000/18.
English | French | Spanish
Green, Maria (2000), “Drafting history of Article 15(1)(c) of the International
Covenant on Economic, Social and Cultural Rights,” UN Doc. E/C.12/2000/15, 9
October 2000.
English | French | Spanish
Lim, Hoe (2001), “Trade and human rights: What’s at issue?,” UN Doc. E/C.12/2001/WP.2,
10 April 2001.
English
Office of the High Commissioner for Human Rights (2001), “The Impact of the
Agreement on Trade-Related Aspects of Intellectual Property Rights on human
rights,” UN Doc. E/CN.4/Sub.2/2001/13, 27 June 2001.
Arabic | Chinese | English | French | Russian | Spanish
Sub-Commission on the Promotion and Protection of Human Rights (2000), “Intellectual
Property Rights and Human Rights,” UN Doc. E/CN.4/Sub.2/RES/2000/7, adopted
17 August 2000.
English | French | Spanish
Yu, Peter K. (2007), "Reconceptualizing Intellectual Property Interests in a Human Rights Framework," 40 University of California Davis Law Review 1039-1149.
Reproductive health
Cook, Rebecca, J (1993) “International Human Rights and Women’s Reproductive
Health,” 24 Studies in Family Planning 73.
Meeting
materials
Experts’ Meeting on the Right to Enjoy the Benefits of Scientific Progress
and its Application, Amsterdam, 7-8 June 2007
- Introduction
- Report
- Presentation,
Schabas, William A. “The Right to Enjoy the Benefits of Scientific and Technological
Progress and Its Applications.”
Meeting on Priorities for Research to Advance Economic, Social and Cultural
Rights in Africa, Addis Ababa, Ethiopia, 9-11 March, 2005
International Symposium on the Effects on Human Rights of Recent Advances in
Science and Technology, Barcelona, Spain, 25-28 March 1985
Links
UNESCO
– Human Rights
"UNESCO's activities in the field of human rights research are aimed
at further elucidation of the content of human rights, focusing on those for
which the Organization has a special responsibility [including] the right to
enjoy the benefits of scientific progress and its applications”
(page updated 02/07/2008)
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