ABSTRACT

Both the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights enumerate a right to the benefits of scientific progress, but science is rarely addressed through a human rights lens. Nor has the human rights community systematically addressed the requirements of this right. This article seeks to stimulate the process of conceptualizing the right by offering some initial thoughts. It first reviews the right to the benefits of scientific progress in international human rights law and its historical background. The article then defines the key terms of science, scientific progress, and access to the benefits of science. The next section considers the human rights principles relevant to a human rights approach to the benefits of science. The article then considers what it means to respect the freedom indispensable for scientific research. Three sections follow exploring the obligations to respect, to protect, and to fulfill in relationship to the conservation, development, and diffusion of science. The article goes on to explore the international components of the right. The final section is a brief conclusion.