Focus: Human Rights and Science

• Yotova, Rumiana 1
• Knoppers, Bartha M 2

Abstract

The right to benefit from science and its applications is one of the least studied, discussed and applied human rights. In the current time of globalization, characterized by the rapid advancement of science and its technological applications, as well as by increased flows of scientific data, there is a growing need to fully awaken the right of everyone to enjoy the benefits of science. This would enable science to better serve the humanitarian purposes of the law as well as foster scientific and technological development through data sharing. This article contributes to the awakening of the right by exploring it doctrinally with the aim of ascertaining its normative content by reference to the preparatory works of Article 15 of the International Covenant on Economic, Social and Cultural Rights and, especially, the subsequent state practice in its application. Based on the evidence, it will be argued that, today, the right to benefit from science has two aspects – first, the right to access scientific knowledge and information and, second, the right to benefit from scientific applications. It will be shown that the first aspect of the right is increasingly reflected in the practice of states and international organizations and has important implications for the regulation and sharing of big genomic data.

• 1Fellow and Director of Studies in Law, Gonville and Caius College and University Lecturer, Faculty of Law, University of Cambridge, United Kingdom
• 2Canada Research Chair in Law and Medicine, Centre of Genomics and Policy, McGill University, Montreal, Canada