‘과학의 진보 및 응용으로부터 이익을 향유할 권리’에 관한 소고
A Study on the Right of Everyone to Enjoy the Benefits of Scientific Progress and Its Applications : Focused on Article 15 of the International Covenant on Economic, Social and Cultural Rights
- 충북대학교 법학연구소
- 과학기술과 법
- 제11권 제2호
- 2020.12
- 95 - 128 (34 pages)
In March 2020, the Committee on Economic, Social and Cultural Rights adopted the general comment on Article 15 (1) (b), (2) and (4) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in its 67th session, and presented international standards for the right to science on the basis of Article 15 of the ICESCR. The adoption of this general comment comes at a very timely moment, in the midst of the COVID-19 pandemic and on the verge of the Fourth Industrial Revolution. This is because everyone should be able to enjoy the skills and knowledge needed to respond to these two issues. The intense and rapid development of science and technology has triggered active discussions on the possibility of harm to people’s economic, social and cultural rights due to risks caused by the development of science and technology, alongside the positive effects of enjoyment of economic, social and cultural rights. Such discussions also address the benefits of science and technology and the unfair distribution of the risks it has caused. This article examines the meaning and content of the right to science stipulated in Article 15 (1) (b) of the ICESCR,(Ⅲ) and the obligations of state parties focusing on general comment 25 of the ICESCR.(Ⅳ) Before undertaking a full-fledged study, I first look at the background and context of the development of the right to science in order to enhance the understanding of this right.(Ⅱ)
Ⅰ. 들어가기
Ⅱ. 과학권의 배경
Ⅲ. 과학권의 내용
Ⅳ. 당사국의 의무
Ⅴ. 과학권의 최근 쟁점
Ⅵ. 나가기