Right to Benefit from Scientific Advancement

A primary guiding text on the right to benefit from scientific advancement is the International Covenant on Economic, Social and Cultural Rights which provides:

Article 15:

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

To enjoy the benefits of scientific progress and its applications,

To benefit from the protection of the moral and material interest 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.

Minimum Core Content

States parties to the International Covenant on Economic, Social and Cultural Rights bear non-derogable core obligations with respect to the right to benefit from scientific advancement. For example, States are obligated to facilitate the conservation, development and diffusion of science and culture. One potential violation of the right to benefit from scientific advancement is denying access to drugs or advancements in medical technology.

One important quantifying and qualifying tool that is useful when monitoring program service delivery on the right to benefit from scientific advancement is the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights