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Right to benefits from scientific progress

The right "to enjoy the benefits of scientific progress and its applications" is stipulated in Article 15 of the International Covenant on Economic, Social and Cultural Rights, which entered into force in 1976.

The mandate of the "Independent Expert in the Field of Cultural Rights", established by the UN Human Rights Council in 2009, made explicit reference to this right. However, its scope, core contents and state obligations warranted to be developed. For this purpose, the "Independent Expert" held a closed meeting of experts from different sectors at the UN in Geneva in December 2011 to consult them on conceptual and practical issues at the interface between science and human rights. The CFRS Secretariat also took part and provided the Committee's perspective and relevant documents.

In considering the draft report of the "Independent Expert" at its March 2012 meeting, the Committee noted that the document covered not only negative rights, but also reflected the more contested positive rights, for example related to medicine or climate change. It was pointed out that the report should bring out more adequately the tension between the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and human rights. These comments were provided in written to the "Independent Expert". The final report, released in June 2012, by what now is the "Special Rapporteur in the Field of Cultural Rights," maintained CFRS's briefs and its comments on the TRIPS agreement were taken into account.

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