Right to science and culture

Theright to science and cultureis one of theeconomic, social and cultural rightsclaimed in theUniversal Declaration of Human Rightsand related documents ofinternational human rights law.It recognizes that everyone has a right to freely participate inculture,to freely share in (to participate and to benefit from)scienceandtechnology,and toprotection of authorship.

Recognition under international law

The right to science and culture is expressed inArticle 27of theUniversal Declaration of Human Rights:

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

The right to science and culture also appears inArticle 15of theInternational Covenant on Economic, Social and Cultural Rights:

(1) The States Parties to the present Covenant recognize the right of everyone:

(a) To take part in cultural life;

(b) To enjoy the benefits of scientific progress and its applications;

(c) To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

(2) The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture.

(3) The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity.

(4) The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields.

Related concepts and disambiguation

The right to science and culture is often broken into rights such as "the right to take part in cultural life" or "the right to cultural participation" or "the right to culture," and "the right to benefit from scientific progress and its applications" or "the right to benefit from science" or "the right to science" or "the right to share in science".

The term "cultural rights" may be used in at least three senses. It is most often used to refer to the concept protected by Article 15 of theInternational Covenant on Economic, Social and Cultural Rights,which assuresminority groupsthe right to practice and preserve their languages, religions, art forms, and ways of life. Alternatively, the term "cultural rights" may be used to group both minority rights and the right to science and culture, which have a common origin in Article 27 of the Universal Declaration. Even more broadly, "cultural rights" may refer to a larger category ofeconomic, social and cultural rights,which may be understood to refer to the right to science and culture as well as theright to educationand other rights, such as the protection of authorship.

The "right to science" includes both a right to participate in science (the activity) and a right to access to the body of knowledge ( "benefits" or "progress" or "advances" ) that is a result of science.

Scholarly interpretation and advocacy

All human rights found in theUniversal Declaration of Human Rightsrequire a process of interpretation to translate the broad principles into specific state obligations. This takes place throughUnited Nationsprocesses and in nationalcourts.The process is strongly influenced by human rightsscholarsandhuman rights activists.

The rights found in Article 27 in some ways remain at a relatively early stage in this process, in contrast to other human rights such as theright to healthor theright to educationthat have already been the subject of more extensive elaboration and litigation.The right to authorship has however benefitted from very strong legal development.

Common global standards for application of the right to science were set out by a UN agreement called the Recommendation on Science and Scientific Researchers, adopted by consensus of some 195 governments meeting in Paris on 13 November 2017, after four years of global consultations.

Some authors particularly active in this area include:Samantha Besson,Audrey R. Chapman, Yvonne Donders,Laurence Helfer,Lea Shaver,William Schabas,Jessica Wyndham, and Peter Yu.

The American Association for the Advancement of Science is active in advocacy around the right to science and culture, with a particular focus on the rights and responsibilities of professional scientists.

Official interpretations

TheCommittee on Economic, Social and Cultural Rightshas issued twoGeneral Commentsinterpreting portions of the right to science and culture as it appears in the International Covenant on Economic Social and Cultural Rights (ICESCR). General Comment 17 and General Comment 21. TheSpecial Rapporteurin the Field of Cultural Rights,Farida Shaheed,addressed the right to science and culture in several reports between 2010 and 2015.

At the General Conference of UNESCO in 2017, some 195 states agreed by consensus with no abstentions to common global standards relating to the right to science, in aRecommendation on Science and Scientific Researchers,which interprets the right to science as it appears in the Universal Declaration of Human Rights.

Relationship to intellectual property

In 2000 theUnited Nations Economic and Social CouncilSub-commission on Human Rights suggested that theAgreement on Trade-Related Aspects of Intellectual Property Rightsmay violate the right to science and therefore conflict withinternational human rights law.

See also

• Academic freedom
• Cultural genocide
• Free culture movement
• Welfare rights