Re-evaluating the Freedom of Scientific Inquiry Through Biotechnology and Human Rights

Abstract

From 1633 and Pope Urban VIII's censure of Galileo for averring Copernicanism1 to July 31,2001, when the U.S. House of Representatives voted, on bipartisan lines, to ban human cloning for reproduction as well as for therapeutic medical research purposes,2 the quest to validate the freedom of scientific inquiry is both seen and questioned. While the mandate for progress has been unclear, one conclusion is inescapable: The freedom of scientific freedom, shaped by a spirit of social responsibility, must be en sured, and indeed promoted, if biotechnology is to be utilized fully in the development of human rights.3 Much as with structuring a regime for the law of the seas in the 1970s,4 now?in matters of biotechnology?and more especially the Convention on Biological Diversity adopted on May 22,19925?the split is predictable between developed and less-devel oped countries over the use of products derived from plant genetic resources.6 In devel oping countries, products derived from plant genetic resources become major sources of potential wealth. Indeed, with the phenomenal growth of knowledge-based industries, the intellectual property regime assumes a greater vitality in assuring the development of human rights in developing countries.7 The challenge is to find a balance between conservation and the reasonable exploita tion of national resources. With the proper balance in place, opportunities for eco nomic development become a base on which to engraft human rights to growth and sustainability and to human development. Regrettably, the present international regime and the amendments proffered to it are defective in accommodating both innovation and conservation.8 One intriguing proposal for meeting the international problems associated with biotechnology is the establishment, by treaty, of an international biotechnology patent office, to which would be referred all end-products derived from plant genetic re sources. Such a system would not only advance conservation and preserve biodiversity, at the same time it would foster a spirit of innovation leading to new end-products.9 The globalization of international relations has given rise to complex issues in geo politics?with no problem more central than that of conferring equal status on all human rights. To achieve this equality, economic and social rights must be factored into efforts to define and then recognize a rapprochement, indeed an interdependency between, development and human rights policy. In other words, recognition and use of a human rights approach to development elevates economic, social, and cultural rights to a co equal ranking with political and civil rights.10