the right to science a human rights imperative to expand affordable access to new technologies
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The Right to Science A human rights imperative to expand affordable access to new technologies. Lea Shaver, Associate Professor Indiana University Robert H. McKinney School of Law. Everyone has the right… to share in scientific advancement and its benefits. - UDHR Art. 27 - PowerPoint PPT PresentationTRANSCRIPT
The Right to ScienceA human rights imperative to expand affordable access to new technologiesLea Shaver, Associate Professor
Indiana University Robert H. McKinney School of Law
The Right to Science
Everyone has the right… to share in scientific advancement and its benefits.
- UDHR Art. 27
[T]he right of everyone… [t]o enjoy the benefits of scientific progress and its applications.
- ICESCR Art. 15(1)(b)
The Right to Science
Everyone has the right… to share in scientific advancement and its benefits.
- UDHR Art. 27
[T]he right of everyone… [t]o enjoy the benefits of scientific progress and its applications.
- ICESCR Art. 15(1)(b)
The Right to Science
Everyone has the right… to share in scientific advancement and its benefits.
- UDHR Art. 27
[T]he right of everyone… [t]o enjoy the benefits of scientific progress and its applications.
- ICESCR Art. 15(1)(b)
A Neglected Right
Audrey R Chapman, Towards an Understanding of the Right to Enjoy the Benefits of Scientific Progress and its Applications, 8 J. HUMAN RTS. 1, 1 (2009).
This right is so obscure and so neglected in its interpretation that the overwhelming majority of human rights advocates, governments, and international human rights bodies appear to be oblivious to its existence.
Universal Declaration
A Theory of the R2SC
Example: First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Global Public Goods
Knowledge is a global public good, to be nurtured for the common benefit of all mankind. Public policy and the law should encourage its expansion and spread and be skeptical of attempts to monopolize it for private benefit.
Universal Entitlements
Technology and the arts have the potential to vastly improve human welfare and quality of life. Like health, education, and shelter; technology and cultural experiences are also essential for human dignity and enjoyment of a life worth living.
Intervention for Access
We cannot leave it entirely up to the market to produce and distribute these goods. The market has a role but so does government, to ensure that the system works for all, particularly for the poor, not just most affluent.
IP & Human Rights
Tension of R2SC with IP
The right to science and culture prioritizes diffusion and access, opposes privatization of knowledge.
Intellectual property law facilitates propertization and exclusion.
$2/tablet $0.03/tablet
$27.99 ($12.74) $3.50 ($0.00)
Global Income Distribution
Right to Health & Drug Patents
Right to Food & Seed Patents
Right to Education & Books
Apple v. Samsung
Access to Electricity
Norm Development
Essential Technologies
Report of the Special Rapporteur in the Field of Cultural Rights, Farida Shaheed, A/HRC/20/26, May-July 2012.
•“Ensure that innovations essential for a life with dignity reach everyone and identify the priority needs of marginalized populations.”
Direct Provision
Report of the Special Rapporteur in the Field of Cultural Rights, A/HRC/20/26.
•“Consider establishing universal services, including electricity, telephone and computer / Internet connections, to ensure access of all to these essential technologies.”
Rebalance IP law
Report of the Special Rapporteur in the Field of Cultural Rights, A/HRC/20/26.
•“Guard against promoting the privatization of knowledge to an extent that deprives individuals of opportunities to take part in cultural life and enjoy the fruits of scientific progress, and consequently to reconsider the current maximalist intellectual property approach and explore the virtues of a minimalist approach to intellectual property protection.”
Supreme Court of India
Constitutional Court of South Africa
Corte Constitucional de Colombia
Conceptual Challenges
Defining State Duties
Progressive realization within available resources, minimum core content, retrogressive measures. Justifying state-imposed burdens. Scope of national discretion vis-à-vis human rights & trade obligations.
Which Technologies?
Special Rapporteur spoke of “innovations essential for a life with dignity” and “priority needs of marginalized populations.” Medicines, water treatment, electricity. Internet? Technological change.
Access & Protection
Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. (UDHR Art. 27)
How does this fit/conflict with expanding access to technology?
Advocacy Strategies
Moving from theory to practice. Which fora are most favorable? What specific issues, cases to bring first? What constituencies can advance the right?
[email protected]://leashaver.net