Defining the Right to

Benefit from Scientific Progress

Jessica Wyndham, Senior Project Director

AAAS Science and Human Rights Program

July 27, 2010

To engage the scientific community in clarifying the meaning of the right to enjoy the benefits of scientific progress.

This phase will end with the presentation of findings to the UN and other relevant stakeholders

Goal

Increase knowledge among scientific associations of the existence, significance and potential applications of the right

Determine the meaning of the right as it applies to the practice and concerns of scientific associations

Leverage this human right to accomplish the objectives of the Coalition’s working groups

Objectives

Premise

The human right to benefit from scientific progress is:

Unknown

Undefined

Unaddressed by the scientific community

What you need to know

Universal Declaration of Human Rights(1948)

“Everyone has the right to … share in scientific advancement and its benefits.”

Article 27 (1)

Universal Declaration of Human Rights

Article 27

(1948)

International Covenant on

Civil and Political Rights

(1966)

International Covenant on

Economic, Social and

Cultural Rights

Article 15

(1966)

International Bill of Rights

The Right

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.

universal: everyone, without exception

inalienable: cannot be waived or taken away

indivisible, interdependent, and inter-related: come as a package

responsibility: governments

This right is:

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

Each right requires:

Non-discrimination and equal treatment

Focus on the disadvantaged and vulnerable

Participation and transparency in decision-making

Accountability

Momentum is building:

UNESCO initiated process to define the right

UN Independent Expert is going to bring the right to the UN human rights mechanisms

AAAS Board of Directors adopted a Statement on the right

Scientists are needed

“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.”

-- Venice Statement (2009), para. 17)

“Recognizing that this right lies at the heart of the AAAS mission … AAAS will pursue opportunities to collaborate with the global scientific community so that the voice, interests and concerns of scientists can be brought to this process.”

-- AAAS Statement, Board of Directors (2010)

Available resources

AAAS Board of Directors, "On the human right to the benefits of scientific progress," Statement, April 16, 2010

AAAS Science and Human Rights Coalition, Joint Initiative Plan of Action (2009-2011)

Chapman, A. (2009), "Towards an Understanding of the Right to Enjoy the Benefits of Scientific Progress and Its Applications," Journal of Human Rights, 8

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

UNESCO, Venice Statement, Experts’ Meeting on the Right to Enjoy the Benefits of Scientific Progress and its Application, Venice, Italy, 16-17 July 2009

Wyndham, Jessica (December 10, 2008), "How can we uphold the right to science?," SciDev.net

http://shr.aaas.org/article15/referencematerials.htm

What we need to know

What we need to know

What would the realization of this right look like for your discipline?

What does the terminology of the right mean in the context of your discipline?

What principles are implicit in the right (e.g., regarding the responsibilities of scientists)?

What are the conceptually challenging questions raised by the right (e.g., dual use research, access vs intellectual property)?

What barriers exist to realizing the right?

How might the right be applied in practice (e.g., by researchers, advocates, clinicians, educators)?

How we can engage the scientific community?

Options for engagement

Raising awareness: newsletter, website

Generating discussion: annual meeting, training sessions, Council/Board presentations

Coalition participation: working group activities

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