After having received little attention over the past decades, one of the least known human rights—the right to enjoy the benefits of scientific progress and its applications—has had its dust blown off. Although included in the Universal Declaration of Human Rights (UDHR) and in the International Covenant on Economic, Social and Cultural Rights (ICESCR)—be it at the very end of both instruments -this right hardly received any attention from States, UN bodies and programmes and academics. The role of science in societies and its benefits and potential danger were discussed in various international fora, but hardly ever in a human rights context. Nowadays, within a world that is increasingly turning to science and technology for solutions to persistent socio-economic and development problems, the human dimension of science also receives increased attention, including the human right to enjoy the benefits of scientific progress and its applications. This contribution analyses the possible legal obligations of States in relation to the right to enjoy the benefits of scientific progress and its applications, in particular as regards health.
The link between cultural diversity and human rights was clearly established by the Universal Declaration on Cultural Diversity, adopted by the member states of UNESCO in 2001, which holds that “the defence of cultural diversity is … inseparable from respect for human dignity” and that it “ implies a commitment to human rights and fundamental freedoms”. The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted in 2005, states that “cultural diversity can be protected and promoted only if human rights and fundamental freedoms … are guaranteed” (Article 2[1]). The precise relationship between cultural diversity and human rights, however, is not clarified and thus leaves room for further exploration. This contribution analyses the issues surrounding the relationship between cultural diversity and human rights, in particular cultural rights. Firstly, it addresses general human rights issues such as universality and cultural relativism and the principles of equality and non‐discrimination. Secondly, it explores the scope of cultural rights, as well as the cultural dimension of human rights. Thirdly, several cases are discussed in which human rights were invoked to protect cultural interests, confirming the value of cultural diversity. Finally, some concluding remarks are presented, indicating which areas require attention in order to further improve the promotion and protection of human rights in relation to cultural diversity.
"[Everyone has] the right to enjoy the benefits of scientific progress and its applications." Article 15(1)(b), International Covenant on Economic, Social and Cultural Rights (1) We all have a human right to enjoy the benefits of scientific progress (the Right to Science [RtS]).* The right has its origins in Article 27 of the United Nation's (UN's) 1948 Universal Declaration of Human Rights, which was adopted in the wake of World War II (2). † In 1966, the UN turned these commitments into binding obligations under international law. The implication is that, just as governments are expected to respect the rights to, say, freedom of speech and due process, so they must also adopt measures to respect and ensure the RtS (Fig. 1). The existence of this right is important for researchers and society. It adds a legal and moral dimension to a range of fundamental issues, including scientific freedom, funding, and policy, as well as access to data, materials, and knowledge. Yet, despite its potential for furthering science and human rights causes, the RtS has not received the attention it deserves. As the American Association for the Advancement of Science (AAAS) notes, "governments have largely ignored their Article 15 obligations and neither the human rights nor the scientific communities have brought their skills and influential voices to bear on the promotion and application of this right in practice" (3). We argue that the scientific community should be aware of this right-and make others aware, as well. The historical neglect of the RtS has, in part, been because of the difficulty in interpreting its implications, both normative and practical. We try to unpack these complexities here in hopes of not only explicating the RtS but also demonstrating why the scientific community should act to enrich it.
Right to (access to) education Freedom of creative and artistic expression Freedom of expression and (pluralistic) media Linguistic rights Women and children Minorities and indigenous peoples Disabled persons
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.