ABSTRACT
Rights relating to the development of science and culture are enshrined in international human rights instruments, notably in Article 27 of the UDHR and Article 15 of the ICESCR. These provisions recognise the right to take part in cultural life, the right to the benefit from scientific progress and its applications, as well as the right of those who contribute to the development of science, arts or culture.1 The analysis of these provisions can contribute to developing a human rights framework within which knowledge creation, and access to it, is promoted and balanced. However, these provisions have barely received attention, either from the UN human rights mechanisms or from academic literature. The Committee on Economic, Social and Cultural Rights (CESCR) has produced interpretive comments on the right to take part in cultural life (Art. 15.1(a) of the ICESCR)2 and on the right to the protection of moral and material interests of the author (Art. 15.1(c) of the ICESCR),3 but not on the right to the benefit from scientific progress and its applications (Art. 15.1(b) of the ICESCR) as of the present date. The rights stipulated in Article 15.1(b) and (c) are of particular relevance to the present context of intellectual property and access to medicines. This chapter highlights some essential features of Article 15.1(b) and Article 15.1(c).
