---------- Forwarded message ----------
From: Iryna Kuchma
Date: 4 October 2011 12:40
Subject: [BOAI] Civil Society Update Consultation Right to enjoy benefits of
scientific progress Expert on Cultural Rights
To: boai-forum
[Forwarding from the Office of the UN High Commissioner for Human Rights,
via Gavin Baker. Note that Question 5 concerns OA. --Peter Suber.]
Civil Society Section
Office of the United Nations High Commissioner for Human Rights
UN expert on cultural rights
Consultation on the right to enjoy benefits of scientific progress and its
applications
Dear All,
On behalf of Ms. Farida Shaheed, UN Independent Expert in the field of
cultural rights, pursuant to her forthcoming report on the right to enjoy
the benefits of scientific progress and its applications, you are invited to
complete a prepared questionnaire, below.
Please respond within 2,500 words by 25 November 2011:
ieculturalrights@ohchr.org
Please also indicate if you have any objections with regard to your reply
being posted on the OHCHR website.
Should you have any questions or require any clarifications concerning this
request, please address them to the email above.
***
Background
The right to enjoy the benefits of scientific progress and its applications
are enshrined in article 27 of the Universal Declaration of Human Rights and
article 15, paragraph 1 (b), of the International Covenant on Economic,
Social and Cultural Rights.
The right covers all sciences: life, physical, behavioural and social, as
well as engineering and the health professions. The realization of this
right requires steps be taken to ensure (a) the access of all people,
especially marginalized groups, to the benefits of scientific knowledge,
progress and its applications necessary to lead a dignified life, as well as
to the information necessary for engaging in decision-making processes
regarding proposed areas of research and development; (b) the freedom
indispensable for scientific research, including the rights of scientists to
freedom of thought, to hold opinions without interference, and to travel;
(c) that the manner in which scientific research is undertaken and applied
does not give rise to violations of human rights; (d) the establishment of a
robust scientific infrastructure, bearing in mind the financial and human
resources required for the realization of the right to enjoy the benefits of
scientific progress and its applications; and (e) the development and
encouragement of international contacts and cooperation.
***
QUESTIONNAIRE ON THE RIGHT TO ENJOY THE BENEFITS OF SCIENTIFIC PROGRESS AND
ITS APPLICATIONS
Can you please indicate the specific areas in relation to the right to enjoy
the benefits of scientific progress and its application that your
organization works with, and provide examples of the nature of issues you
have taken up and challenges you have faced in working with this issue?
Accessing the benefits of science and its applications
1. What legal, administrative and policy measures exist or are planned in
your country to:
a) ensure that marginalized groups benefit from scientific progress and its
applications, including, women, persons with disabilities, minority groups,
rural communities and indigenous peoples?
b) promote research and development in areas specifically relevant to
marginalized groups, by, for example, providing incentives for innovative
research on neglected diseases?
c) ensure and facilitate broad access to information and communication
technologies (e.g., computers, Internet and mobile phones)?
d) identify and develop the scientific applications necessary for
sustainable solutions to ensure the right of everyone to have access to safe
and nutritious food, access to potable water and sanitation, and to address
climate change?
2. What are the key challenges faced in your country in undertaking research
at the domestic level and ensuring access to scientific developments and its
applications, particularly for marginalized groups?
Scientific responsibility, safeguards and remedies
3. What legal, administrative, and policy mechanisms exist or are planned in
your country to:
a) regulate and monitor scientific research and its applications in the
private and public sector so as to provide safeguards against any
infringement upon the full enjoyment of human rights? In particular, to
safeguard the human rights of participants in research activities and
applications by public and private scientific institutions (e.g. rights to
information, free and informed consent)?
b) protect the rights of indigenous peoples and local communities whose
traditional knowledge is utilized, in the development, dissemination and
commercialization of scientific information and knowledge?
c) provide effective remedies and safeguards for any human rights violation
related to scientific research or the applications of science or technology?
(e.g. judicial review, national human rights institutions or ombudspersons,
and other administrative arrangements).
The rights of scientists and collaborative work
4. What measures have been put in place to recognize, respect and protect
the rights of scientists to:
a) freedom of expression, information and association?
b) collaborate with colleagues nationally and internationally, including
through sharing data, samples, research findings, and other information, by
travelling freely within and outside the country, and conducting joint
research projects?
5. What legal, administrative, policy or other measures have been
adopted/are under consideration to eliminate barriers to scientific
communication and collaboration, such as censorship, restrictions on access
to the Internet or on free availability of scientific literature and
journals?
Participatory decision-making and transparency
6. What measures are put in place to ensure dissemination of information
about ongoing scientific research and its applications, including
potentially adverse effects of emerging areas of research and its
applications, to the public at large?
7. What opportunities exist for meaningful public participation in
decision-making about existing and new developments in science and
technology?
8. What steps have/are being taken to promote quality science education at
all levels for all, in particular for girls, rural populations and the poor?
International cooperation, achievements and challenges
9. Is the development and application of science and technology integrated
in international cooperation policies, such as direct development assistance
programs? If so, please provide details.
10. What are the key obstacles and challenges to international cooperation
and what steps have been taken to address these? Please provide details.
11. What are the achievements in the field of scientific progress and its
applications? Please provide details.
******
Best regards,
Civil Society Section
Office of the United Nations High Commissioner for Human Rights
Tel. +41 (0) 22 - 917 - 9656
Visit our website: http://www.ohchr.org/EN/AboutUs/Pages/CivilSociety.aspx
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