COMMITTEE ADOPTS GENERAL COMMENT ON RIGHT TO BENEFIT FROM SCIENTIFIC, LITERARY OR ARTISTIC PRODUCTION

The Committee on Economic, Social and Cultural Rights today adopted its General Comment No. 17 on article 15.1 “c” of the International Covenant on Economic, Social and Cultural Rights concerning the right to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author.

The Committee had discussed and adopted the first 26 paragraphs of the General Comment in a previous session. Introducing the document was Committee Expert and Rapporteur Eibe Riedel, who said it was based on the contributions of the Committee Experts, external experts, specialized United Nations agencies, including the World Intellectual Property Organization (WIPO), and non-governmental organizations. He led the Committee through the text paragraph by paragraph.

Concerning the right to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of indigenous peoples, the General Comment says States are requested to adopt measures to ensure the effective protection of the interests of indigenous peoples relating to the productions, which are often expressions of their cultural heritage and traditional knowledge. States in which ethnic, religious or linguistic minorities exist are under an obligation to protect the moral and material interests of authors belonging to those minorities through special measures, insofar as such measures are necessary to preserve the distinctive character of minority culture.

The General Comment, talking about violations, notes that in determining which actions or omissions by States parties amount to a violation of the right to the protection of the moral and material interests of authors, it is important to distinguish the inability from the unwillingness of a State party to comply with its obligations under article 15 paragraph 1 (c). A State that is unwilling to use the maximum of its available resources for the realization of the right of authors to benefit from the protection of the moral and material interests resulting from their scientific, literary and artistic productions, is in violation of its obligations under that article. Violations of the article can also occur through the omission or failure of States to take necessary measures to comply with its legal obligations under that provision.

On implementation at the national level, the text recalls that States parties have the obligation to whatever steps are necessary to ensure that everyone has equal access to effective procedures for the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author. National laws and regulations for the protection shall be based on the principles of accountability, transparency and independence of the judiciary, since good governance is essential to the effective implementation of all human rights, including article 15.1 “c”.

The Committee recommends that all victims of violations of the rights protected under article 15, paragraph 1 (c) shall be entitled to adequate compensation; and national ombudspersons, human rights commissions, where they exist, and professional associations of authors or similar institutions should address violations of the article.

With regard to States parties’ obligations, the General Comment says the progressive realization of that right over a period of time should not be interpreted as depriving States parties’ obligations of all meaningful content; rather, progressive realization means that States parties have a specific and continuing obligation to move as expeditiously and effectively as possible towards the full realization of article 15.1 “c” of the Covenant.

Since 1989, the Committee has adopted 16 General Comments on various articles of the International Covenant. Through its General Comments, the Committee endeavours to make the experience gained so far through the examination of reports available for the benefit of all States parties in order to assist and promote their further implementation of the Covenant; to draw the attention of the States parties to insufficiencies disclosed by a large number of reports; and to suggest improvements in the full realization of the rights recognized in the Covenant.

Also today, the Committee continued to discuss its draft General Comment on article 6 of the International Covenant on the right to work, which was submitted by Committee Expert Philippe Texier. The text was drafted following a day of General Discussion on the right to work on 24 November 2003.

Concerning States parties’ obligations, the draft notes that the right to work, like all human rights, imposes on States the obligations to respect the right to work by refraining from interfering directly or indirectly with enjoyment of that right, and to fulfil the right to work by adopting appropriate legislative, administrative, budgetary, judiciary and other measures to ensure its full realization. The obligation to respect the right to work requires States parties to avoid measures that hinder or prevent enjoyment of that right.

The Committee will continue to discuss its draft General Comment on the right to work at 10 a.m. on Tuesday, 22 November.

For use of the information media; not an official record

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