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African Human Rights Law Journal

On-line version ISSN 1996-2096
Print version ISSN 1609-073X

Abstract

SHAWA, Remmy; COOMANS, Fons; COX, Helen  and  LONDON, Leslie. A promising potential: Using the right to enjoy the benefits of scientific progress to advance public health in Africa. Afr. hum. rights law j. [online]. 2023, vol.23, n.1, pp.30-47. ISSN 1996-2096.  http://dx.doi.org/10.17159/1996-2096/2023/v23n1a2.

In 2020 the United Nations Committee on Economic, Social and Cultural Rights published its 25th General Comment on the right to enjoy the benefits of scientific progress (REBSP). The General Comment describes the normative content of the right, including the obligations of the state and the entitlements of rights holders. It addressed the major gap in the REBSP, which was the lack of internationally-accepted interpretations of what the right entails. This article aims to shed light on the REBSP, and to demonstrate how it can be applied to advance public health. The article argues that the application of the REBSP requires a balancing act between the rights of researchers or scientists and the rights of users of the scientific knowledge they generate. It further argues that, when applied to health, the REBSP has the potential to improve access to better prevention, diagnosis and treatment of diseases, and could draw attention to neglected diseases, which mostly affect developing countries.

Keywords : human rights; science; public health.

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