Protecting the Right To Benefit from Science—Response

Abstract

As Matsuura points out, the United States is not a party to the ICESCR ([ 1 ][1]) and, therefore, is not legally bound to implement the treaty, including its Article 15 recognizing the right to enjoy the benefits of scientific progress. Nonetheless, opportunities do exist for the U.S. science and engineering community to contribute to the implementation of this right. Although it has not ratified the ICESCR, the United States did sign this human rights treaty in 1977. The legal implication is that the United States must not violate the “object and purpose” of the ICESCR. In this vein, former U.S. Assistant Secretary of State Michael Posner ([ 2 ][2]) and Science Adviser to the Secretary of State William Colglazier have stated publicly that the United States “as a policy matter” upholds the “values and principles” of the right to benefit from science ([ 3 ][3]). There are three ways the U.S. science and engineering community can contribute to the implementation of Article 15: 1. The UN body that monitors implementation of the ICESCR regularly reviews reports of states outlining how they implement their obligations. Any group may submit a “shadow report” to supplement this information. U.S. scientists and engineers could provide information about the persecution of scientists, budgetary restrictions, or positive strides in strengthening science education. 2. Every 4.5 years, the UN Human Rights Council reviews the human rights record of all members of the United Nations. This universal periodic review is not limited to a review of treaties ratified by a country. As part of this process, the U.S. science and engineering community could submit information about U.S. policies and programs relating to science and their impact on and implications for human rights. 3. The framework provided by Article 15 need not be legally binding to inform U.S. policies and programs. Taking specific elements of Article 15, the science and engineering community could work with relevant agencies to assess or develop programs that reflect the principles of Article 15 and inform policy development. 1. [↵][4] International Covenant on Economic, Social, and Cultural Rights ([www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx][5]). 2. [↵][6] Assistant Secretary Michael Posner Remarks: Scientific and Academic Freedom in the Digital Age, American Association for the Advancement of Science, Washington, DC (10 October 2012); . 3. [↵][7] 1. G. Pinholster , AAAS, “Scientific Freedom and Cross-Border Cooperation Underlie Core Human Right” (30 July 2013); [www.aaas.org/news/releases/2013/0730\_article-15.shtml?utm\_source=tw&utm\_medium=sm&utm\_content=article-15&utm_campaign=release][8]. [1]: #ref-1 [2]: #ref-2 [3]: #ref-3 [4]: #xref-ref-1-1 View reference 1 in text [5]: http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx [6]: #xref-ref-2-1 View reference 2 in text [7]: #xref-ref-3-1 View reference 3 in text [8]: http://www.aaas.org/news/releases/2013/0730_article-15.shtml?utm_source=tw&utm_medium=sm&utm_content=article-15&utm_campaign=release