Human rights texts

It is valuable to identify and understand the underpinning legal universal principles that exist to facilitate and regulate science, principles with universal recognition and application. Human rights law provides such a framework. At the international and regional levels, binding human rights instruments take the form of treaties between governments. These treaties may be referred to as 'Covenants', 'Conventions', 'Protocols' or some other title, but they are all intended to have binding legal effect. In addition, the international and regional human rights systems have developed statements of principle that are intended to guide government action with regard to human rights, but are not legally binding. These documents often have the title of 'Declaration' and may form the basis for subsequent human rights law.

The Universal Declaration of Human Rights

The Universal Declaration of Human Rights was the first internationally recognised human rights statement. Adopted by the UN General Assembly on 10 December 1948, it articulates 30 fundamental human rights principles, including several with direct relevance to the Universality of Science promoted by ICSU. These principles include the rights to freedom of movement, expression, information and association (Articles 13, 19 and 20), and the right of everyone to "share in scientific advancement and its benefits," a right first articulated in the American Declaration of the Rights and Duties of Man (1948).

The Universal Declaration, a non-binding document, gave rise to two legally binding treaties, the International Covenant on Civil and Political Rights (1966) and the International Covenant on Economic, Social and Cultural Rights (1966). These two covenants address and expand on the rights contained in the Universal Declaration and have been ratified by 167 and 160 countries respectively, indicating the willingness of these countries to be bound by the rights contained in each document, and revealing the universal acceptance and applicability of these rights.

Scientific freedom is not absolute

The International Covenant on Economic, Social and Cultural Rights is of particular importance for science because of its recognition of the right to "enjoy the benefits of scientific progress and its applications" (Article 15). Expanding on this right, the Covenant also recognises the obligation of governments to take steps towards necessary for the "conservation, the development and the diffusion of science", "to respect the freedom indispensable for scientific research" as well as to encourage and develop “international contacts and cooperation” in science. Article 15 also speaks explicitly of the protection of scientific freedom, including the freedom to collaborate internationally. As the right has been interpreted, scientific freedom is not absolute, it must be balanced scientific responsibility and accountability to society, as must research practices.

The two International Covenants, together with the Universal Declaration of Human Rights, serve as the foundation for all subsequent human rights instruments developed at the international, regional and national levels. While explicit references to science in these instruments are limited, the connection between human rights, the Universality of Science in particular and the practice of science in general, is evident.

Asia and the Pacific are without a comprehensive regional human rights mechanism

Complementing the international system of human rights are regional mechanisms, established under the auspices of a regional multilateral organisation and designed to address human rights broadly, as well as issues of specific relevance to the region. Such regional systems have emerged in Africa as part of the African Union, in the Americas as part of the Organization of American States and in Europe as part of the European Union, while Asia and the Pacific currently are the only regions without a comprehensive regional human rights mechanism. Like the international human rights system established by the United Nations, the regional mechanisms have adopted human rights treaties and statements and have established mechanisms for monitoring compliance by governments with their obligations. In addition, all regions except Asia and the Pacific are home to a human rights court with jurisdiction to hear legal cases and issue binding judgments.

Human rights instruments from multilateral political organisations, with special reference to science and scientists

The following human rights instruments relevant to science and scientists serves as a reference tool and places the work of the ICSU Committee on Freedom and Responsibility in the conduct of Science (CFRS) in a wider framework. The instruments are organised according to their binding force and, therein, grouped in the categories "multilateral", "regional" and "national". They are multilateral and regional documents, because the Committee's work is informed by arrangements on these two levels.

Compendium of documents