UNESCO BRIEF ON THE RIGHT TO SCIENCE AND COVID-19 Foreword Scientists and scientific knowledge have been widely praised for helping to combat the COVID-19 pandemic and its consequences, not only by discovering vaccines in record time, but also by helping to keep our societies and the economy functioning. At the same time, we have also witnessed increasing rejection of science and scientific outcomes, and growing objections to and restrictions on scientists’ work. The right to do science and access its findings must be defended as part of the fight for human rights and equality, including gender and racial equality, not least because a successful recovery from the pandemic will need more science, not less. In many places, however, the advancement of science is only linked weakly, if at all, to questions of equality, inclusiveness, academic freedom and other human rights. In science, as in so many other domains, the pandemic has highlighted deep-rooted problems as well as providing grounds for hope. Scientists working on the virus collaborated more extensively and intensively than ever before, quickly sharing findings with colleagues around the world rather than waiting to publish them in journals or cite them in grant applications. However, despite initiatives such as the World Health Organization (WHO)’s Access to COVID-19 Tools Accelerator or the European Commission’s COVID-19 Data Portal - with more than 600,000 publications made available as of early 2022 - the wealth of data and information generated after the COVID-19 outbreak is shared inequitably. Though data is limited – as demonstrated by the first monitoring exercise of UNESCO’s 2017 Recommendation on Science and Scientific Researchers – , it is clear that the work of scientists and researchers is being directly censored and the scientists themselves threatened with violence and professional ruin. Reports suggest that in the year 2021, the freedom of 332 higher education staff was attacked worldwide. This was also documented by the UN Special Rapporteur in the field of cultural rights, in her September 2021 report. Public trust in science and scientists is being eroded by poor and inadequate communication, as well as misinformation and disinformation. Paradoxically, the fact that scientific knowledge about coronaviruses advanced so quickly during the pandemic has had negative consequences too. Scientific advice may change as new data and understanding become © joker1991/shutterstock.comavailable, but this has helped to fuel the spread of disinformation and conspiracy theories, along with resistance to and the questioning of science. These trends chill the atmosphere of freedom that is central to conducting quality research. Obstacles to scientists’ freedom and access worsen the situation created by insufficient funding for research and development (R&D) and the global imbalances in this funding. About ten countries account for 80% of spending, with the majority of the countries in the Global South investing less than 1% of their Gross domestic product (GDP) in R&D according to the UNESCO Institute for Statistics (UIS). In addition, women are underrepresented in the scientific community. Only 35% of science, technology, engineering and mathematics (STEM) students in higher education globally are women, and women’s presence is particularly scarce in positions of leadership, management or responsibilities. Science is literally vital in a pandemic, providing the knowledge needed to make vaccines and design efficient vaccination and public health programmes. But there is an enormous risk that a significant part of the world’s population, particularly in lower-income countries, will not have access to COVID-19 vaccines. The WHO’s Director-General painted a bleak picture at the G20 Global Health Summit in May 2021, noting that 100 times more doses per inhabitant had been administered in high-income countries compared to lower income countries. In addition to the immediate funding gap of 15 billion US$ for 2022, a fairer distribution of vaccines is hampered by the privatization of the benefits of publicly-funded scientific research and the protection of intellectual property regimes derived from this research. As the Lancet COVID-19 Commission argues, if pharmaceutical companies that have benefited greatly from public funding and advance purchase commitments from governments do not make vaccines readily available, then compulsory licensing should be considered. A stronger application of human rights including the right to science and the advancement of scientific freedom will provide a reliable compass to safely navigate these complex and multifaceted challenges. The ongoing crisis could become the basis for a full revamp of this important agenda. There is a dual foundation for this: the consensus on a holistic rights-based science vision embodied in the 2017 UNESCO Recommendation on Science and Scientific Researchers, which is echoed by the pioneering standard-setting Recommendations on the Ethics of Artificial Intelligence and on Open Science adopted by UNESCO’s General Conference in November 2021; and, the greater normative clarity offered by the ground- breaking General Comment on Science and Economic, Social and Cultural Rights adopted by the UN Committee on Economic, Social and Cultural Rights in April 2020. The UNESCO Brief on the Right to Science and COVID-19 draws attention to these normative developments. It raises awareness in particular of the General Comment’s operational implications in relation to decision-making dilemmas; and the need to trigger greater investment in the promotion of the right to science in its different dimensions. This can be done through advocacy initiatives (such as the Joint Appeal for Open Science issued on 27th of October 2020 by the Directors-General of UNESCO and the WHO, and the United Nations High Commissioner for Human Rights) and the elaboration of additional operational guidance, especially on underexplored issues such as scientific freedom and trust in science, drawing notably on good practices on the ground. We call upon all concerned actors – government officials, scientists from across disciplines, UN entities and other stakeholders – to disseminate this Brief and to take action upon unresolved challenges. It is only through vibrant international cooperation that the building of an ecosystem for free thought and research can continue, thus enabling the right to science and scientific freedom to fulfil their decisive role in transforming our societies. Gabriela Ramos, Assistant Director-General for Social and Human Sciences, UNESCO 2 • UNESCO Brief on the Right to Science and COVID-19 © Alexander_LUX/shutterstock.comUNESCO BRIEF ON THE RIGHT TO SCIENCE AND COVID-191 1 This text was prepared thanks to the collective work and investment of the following experts: Yvonne Donders, Soledad García Muñoz, Mikel Mancisidor, Abdul Kadir H Mohammed, Yusuke Mori, Helle Porsdam, Sebastian Porsdam Mann. The opinions expressed here are those of the authors. These are not necessarily those of UNESCO and do not commit the Organization. Human rights are critical for the response to and recovery from the COVID-19 pandemic. As of early 2022, Johns Hopkins University reported over 307 million confirmed cases and more than 5.5 million confirmed deaths from the Coronavirus disease, commonly abbreviated and referred to as COVID-19, that emerged in 2019 and is caused by the SARS-CoV-2 virus. Respecting human rights not only results in better public health outcomes; it also results in more attention being paid to how the crisis is affecting people on the ground, particularly the most vulnerable, and what can be done in both the short- and the long terms. The current pandemic has highlighted the importance of scientific research and evidence in identifying and implementing adequate responses across policy domains. A statement by the UN Committee on Economic, Social and Cultural Rights (CESCR) in April 2020 emphazises how economic, social, and cultural rights are affected by the pandemic itself and by measures taken to relieve its transmission. These range from the effects of school closures on the right to education to the effects of lockdowns on the right to participate and share in culture. The vital ethical issues at stake, including the emphasis on interdisciplinarity, sound scientific knowledge and practices and common understanding of ethical review processes, among others, were the focus of a joint statement by UNESCO’s International Bioethics Committee (IBC) and World Commission on the Ethics of Scientific Knowledge and Technology (COMEST). In September 2021, the UN Special Rapporteur in the field of cultural rights, issued a report on the impact of the COVID-19 pandemic on cultures and cultural rights and on the ways in which cultures and cultural rights, including the right to science, enhance rights-based solutions and resilience. This Brief draws attention to the human right to enjoy the benefits of scientific progress and its applications (referred to hereinafter as the ‘right to science’), recognized in both Article 27(1) of the Universal Declaration of Human Rights (UDHR) and Article 15(1)b of the International Covenant on Economic, Social and Cultural Rights (ICESCR). This key human right, which underpins the vision of the UNESCO Recommendation on Science and Scientific Researchers (2017), is clarified by the CESCR General Comment No. 25. UNESCO Brief on the Right to Science and COVID-19 • 3According to the Dimensions COVID-19 application, the number of publications on COVID-19 amounted to over 800,000 in early 2022. For the first time in modern history, a significant amount of global scientific focus is aligned on a single, overarching problem, with vaccine development and medication repurposing achieved at record speed, and epidemiology widely recognized as the single best source of evidence on which to base policy. A diverse range of academic disciplines are engaged in cataloguing, describing, understanding, and ameliorating the effects of COVID-19 on people’s lives and society in general (for instance on social life and relationships; creativity and solidarity; work; commuting and transportation; education; food; housing; and urban planning). The pandemic has seen an unprecedented and ever-growing number of related publications. According to the Dimensions COVID-19 application, the number of publications on COVID-19 amounted to over 800,000 in early 2022. Similarly, the World Health Organization (WHO) has created the COVID-19 Global literature on coronavirus disease database containing more than 380,000 publications by that date. The right to science, however, goes beyond the scientific research itself and the enjoyment of its benefits, and concerns itself with the entire scientific cycle, including its conservation, diffusion, and dissemination, as well as its translation into evidence-based policy and concrete applications. Offering to The right to science in international instruments Universal Declaration of Human Rights (UN), 1948, Article 27(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. International Covenant on Economic, Social and Cultural Rights (UN), 1966, Article 15(1)b The States Parties to the present Covenant recognize the right of everyone: […] To enjoy the benefits of scientific progress and its applications[.] Universal Declaration on Bioethics and Human Rights (UNESCO), 2005, Article 15 – Sharing of benefits 1. Benefits resulting from any scientific research and its applications should be shared with society as a whole and within the international community, in particular with developing countries. In giving effect to this principle, benefits may take any of the following forms: (a) special and sustainable assistance to, and acknowledgement of, the persons and groups that have taken part in the research; (b) access to quality health care; (c) provision of new diagnostic and therapeutic modalities or products stemming from research; (d) support for health services; (e) access to scientific and technological knowledge; (f) capacity-building facilities for research purposes; (g) other forms of benefit consistent with the principles set out in this Declaration. 2. Benefits should not constitute improper inducements to participate in research. Recommendation on Science and Scientific Researchers (UNESCO), 2017, paragraph 21 So as to ensure the human right to share in scientific advancement and its benefits, Member States should establish and facilitate mechanisms for collaborative open science and facilitate sharing of scientific knowledge while ensuring other rights are respected. The right to science in regional instruments American Declaration of the Rights and Duties of Man (OAS), 1948, also known as the Bogota Declaration, Article XIII Every person has the right to take part in the cultural life of the community, to enjoy the arts, and to participate in the benefits that result from intellectual progress, especially scientific discoveries. Charter of the Organization of American states (OAS), 1948, Article 38 The Member States shall extend among themselves the benefits of science and technology by encouraging the exchange and utilization of scientific and technical knowledge in accordance with existing treaties and national laws. Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (OAS), 1988, also known as the Protocol of San Salvador, Article 14.b The States Parties to this Protocol recognize the right of everyone: […] b. To enjoy the benefits of scientific and technological progress. Association of Southeast Asian Nations (ASEAN) Human Rights Declaration, 2012, Article 32 Every person has the right, individually or in association with others, to freely take part in cultural life, to enjoy the arts and the benefits of scientific progress and its applications and to benefit from the protection of the moral and material interests resulting from any scientific, literary or appropriate artistic production of which one is the author. 4 • UNESCO Brief on the Right to Science and COVID-19The race for vaccines and vaccinations According to the WHO, some 137 candidate vaccines are in clinical development as of early 2022. Of these, 24 are within the WHO Emergency Use Listing/ Prequalification (EUL/PQ) evaluation process as of December 2021. 137 candidate vaccine Significant funds have been invested in COVID-19 research. For example, the European Union, which plays a central role in supporting and coordinating research on infectious diseases through its Horizon programme, has pledged to invest €1.4 billion under the Coronavirus Global Response initiative, of which at least €350 million is reserved for vaccine development and €150 million for research to counter coronavirus variants. In addition, the European Commission has begun implementing a strategy on COVID-19 therapeutics, specifically the development and availability of treatments including those for ‘long COVID.’ Of the emergency use approved vaccines, more than 9.5 billion doses have been administered worldwide as of early 2022. Through the COVAX facility, the WHO programme for ensuring low-income countries have access to vaccines, 967 million doses have been shipped to 144 countries, and another 5.5 billion doses secured or optioned. While the rollout of the COVID-19 vaccines is the largest vaccination campaign in history, vaccinations among least-developed and developing countries lag significantly behind their wealthier counterparts. According to the the WHO’s Director-General noted at the G20 Global Health Summit in May 2021, that 100 times more doses per inhabitant have been secured in high-income countries compared to lower-income countries. Additional obstacles in the race for vaccination are vaccination hesitancy and the denial of science. Efforts such as COVIFORM EU platform are playing a part in overcoming misinformation and correcting myths about COVID vaccines. The WHO stated in a joint statement by the Coalition for Epidemic Preparedness Innovations, Gavi- the Vaccine Alliance and the WHO, it was affirmed that COVAX aims to provide at least two billion vaccine doses by the end of 2021 and 1.8 billion doses to 92 lower-income countries by the end of 2022. Additionally, the WHO issued specific guidance documents on immunization, such as the WHO SAGE values framework for the allocation and prioritization of COVID-19 vaccination. everyone the possibility of participation provides scientists, citizens, and policy-makers with powerful tools for maximizing the contribution of science in the fight against the COVID-19 pandemic. The tools pertaining to the right to science are unique and differentiate it from the rights to health or life. To illustrate its singular importance, this Brief introduces the components of Article 15 ICESCR that underline its relevance in the current context. Drawing on the CESCR General Comment No. 25, scholarly material, and other converging instruments such as the 2017 UNESCO Recommendation, it contextualizes and demonstrates the potential of the right to science not only to strengthen the fight against COVID-19 and its short- and longer-term consequences, but also to improve international scientific collaboration towards the sharing of knowledge, practices and applications, evidence-based policy, and basic scientific emergency preparedness. In doing so, this Brief aims to trigger action that will help prevent or ameliorate future emergencies in which scientific research, knowledge, data, policy, or evidence play an important role. Facilitating data sharing and analysis Since the COVID-19 outbreak, global cooperation among scientists has been facilitated through an unprecedented amount of information and data – sharing made possible by internet platforms such as medrxiv, biorxiv, and GISAID. More than 21,000 articles have been uploaded on medrxiv and biorxiv and over 6.9 million viral genomic sequences have been shared via GISAID as of early 2022. In order to facilitate data sharing and analysis and accelerate coronavirus research, the European Commission launched the COVID-19 Data Portal. Tens of thousands of datapoints on viral and host sequences, gene and protein expression data, and more than 590,000 publications have been shared on the Portal as of early 2022. UNESCO Brief on the Right to Science and COVID-19 • 5 © Tirachard Kumtanom/shutterstock.comRIGHT TO SCIENCE: KEY CONCEPTS AND SCOPE Article 15(1) of the ICESCR refers to the “benefits of science.” This term encompasses at least four components: 1) the material results of scientific research (medicines, vaccination, and technological instruments); 2) the scientific knowledge and information that derives from scientific activity; 3) the role of science in forming critical and responsible citizens able to participate fully in a democratic society; and 4) evidence-based decision-making processes in a democratic society. The potential positive impact of equitably shared scientific benefits becomes more tangible if one considers the size of global investment in research and development (R&D) activities. According to the UNESCO Institute for Statistics (UIS), in 2017 the global average of gross domestic product (GDP) devoted to R&D activities amounted to 1.7%. From a right to science perspective, effecting science is not only an activity in which scientific professionals engage; it also includes collaborations between scientists, other professionals, and members of the public. Citizen scientists contribute important intellectual resources when it comes to the genesis of science in terms both of making discoveries and of understanding consequences, values, and norms. According to Article 15(2) of the ICESCR, these must be disseminated for the benefit of all. Article 15(3) of the ICESCR requires States Parties to protect the freedoms indispensable for the conduct of scientific research. These freedoms include the protection of researchers from undue influence or interference; the possibility to express themselves freely and openly on the ethical, human, social, or ecological implications of their research; the possibility of cooperating with other researchers, nationally as well as internationally; and the sharing of scientific data between researchers, with policy-makers, and with the public wherever possible. According to UNESCO’s 2017 Recommendation, scientific freedom extends to individuals through the guarantee of access to and non-discrimination in training and careers if they pursue science; autonomy and intellectual freedom; a right to contribute to defining the research questions; freedom of conscience not to pursue a particular research avenue; freedom of movement and association; and a right to publish and exchange with others. It further recognizes open communication of and access to results, hypotheses, and opinions as essential elements of these freedoms and as the strongest guarantors of accuracy and objectivity in scientific results. Finally, Article 15(4) of the ICESCR recognizes the importance of international cooperation – also a main component of the 2017 6 • UNESCO Brief on the Right to Science and COVID-19 © VLADGRIN/shutterstock.comOpen science and citizen scientists Open science refers to the free access by people to scientific publications, data, contents and infrastructure, as well as to open source software, methods, educational resources, and other products such as tests or vaccines. By making scientific information, data, and outputs more accessible and reliable through the active engagement of a wide array of stakeholders and the provision of dedicated collaborative mechanisms, open science promotes trust in science. Open science is particularly important at the present time as it can help to counteract mis- and disinformation related to COVID-19. On the 27th of October 2020, UNESCO, the Office of the United Nations High Commissioner for Human Rights, the WHO, and the European Laboratory for Particle Physics (CERN) launched a joint appeal for open science, calling for universal access to scientific progress and its applications. A milestone development for this agenda was the adoption by UNESCO’s 41st General Conference, in November 2021, of the new Recommendation on Open Science, which promotes open access in relation to scientific knowledge and infrastructure as well as open engagement and dialogue amongst societal actors and knowledge systems. Internet access has long been an important enabler of open science, becoming a vital necessity for working, learning, and accessing basic services during COVID-19. The latest International Telecommunication Union (ITU) data shows that uptake of the Internet has accelerated during the pandemic. Almost 800 million people are estimated to have come online during this period, an increase of almost 17% since 2019. Nonetheless, ITU statistics reveal a connectivity ‘grand canyon’ separating the digitally empowered from the digitally excluded, as of the 2.9 billion persons still offline 96% of them live in the developing world. Closely connected to open science is the concept of ‘citizen scientists’. It refers to the participation of any citizen, as opposed to trained scientists, in the conduct and process of science. Citizen science is playing an important role in the COVID-19 context as demonstrated by the initiatives listed on the EU-Citizen Science website, an online platform sharing knowledge, tools, training, and resources for citizen scientists. Citizens’ participation in analysing data on COVID-19 is promoted in Japan, for example, where the Tokyo Metropolitan Government, in collaboration with the civic technology non-profit organization ‘Code For Japan,’ has made raw data (with little to no analysis) openly available online, allowing anyone to analyse and discuss the COVID-19 situation freely. This exercise shows the crucial role that governments can play in providing data, such as raw public health data, which research institutes are usually not able to acquire. Other examples include the Flusurvey Platform, managed and monitored by Public Health England, which since March 2020 has been collecting data on symptoms related to COVID-19 by means of weekly questionnaires. Similarly, the University of California at San Francisco launched the COVID-19 Citizen Science project to identify symptoms, help prevent infections, and track the disease’s impacts. As of early 2022, the research has involved more than 100,000 participants across the USA. Threats to scientific freedom 332 attacks were made on higher education in 2021 Though data is limited, it is widely recognized that since the outbreak of COVID-19 the work of scientists is increasingly being censored and scientists themselves threatened with violence and professional ruin. This trend has been consolidated during the COVID-19 pandemic. In their annual report, Free to Think 2021, Scholars at Risk note that in that year alone 332 attacks were made on higher education staff, including killings, violence, disappearances, imprisonment, loss of position, prosecution, among others. A similar concern was expressed by the UN Special Rapporteur in the field of cultural rights in her 2021 report. Insufficient funding for research and development, as well as global disparities in this funding, present further obstacles to scientists’ freedom. In a Discussion Paper in December 2021, the International Science Council notes that these trends have been worsening in recent years. Now more than ever scientists are dependent on short-term project-based funding, leading many to feel discouraged from developing and/or speaking publicly on potentially sensitive areas of expertise so as to remain attractive and eligible for future contracts. UNESCO Recommendation. States should make it possible for scientific researchers to participate in international scientific communities, especially by facilitating their travel in and out of their territory. Developed States, in view of their capacity to support scientific research and their ownership of much scientific knowledge, should contribute to the development of science and technology in developing countries, just as benefits should be shared with international communities. Furthermore, international cooperation, including with the private sector, is essential due to the potential risks of ‘dual use’ – the use of science and technology for both peaceful and military aims – and to ensure that research everywhere is conducted in responsible ways, respectful of human rights. Ultimately, since many of the most pressing problems today have global scope, their solutions need to be global as well. UNESCO Brief on the Right to Science and COVID-19 • 7ZOOMING IN ON COVID-19: RIGHT TO SCIENCE ELEMENTS AND STATE OBLIGATIONS In paragraphs 16-20, General Comment No. 25 lists several elements of the right to science. Each of these is relevant to the context of COVID-19, demonstrating the importance of the right to science. Availability first of all means that research into the disease is actually occurring. It also means that the benefits of any resulting outcomes, as well as participation in the research itself, are available to everyone. Finally, it means that all of these are available in sufficient quantity upon request without undue delays or costs. Accessibility requires that all the aspects of availability mentioned above, including both access to- and participation in research, data, knowledge, and the benefits of their outcomes, are equally accessible to- and provided in a form useable and understandable to all individuals and groups, regardless of location, and without discrimination of any kind. Thus, accessibility requires the use of assistive technology where necessary for the elderly, vulnerable, injured, and those living with a disability, to either participate in or benefit from the scientific efforts surrounding COVID-19. Further, participation and access should be made available to the most disadvantaged and marginalized individuals and groups, who might not otherwise be represented either in the planning or conduct of the research or in the data used to develop countermeasures. This may require the presentation of scientific material in simplified, visually and linguistically diverse forms, or in any other way necessary for these groups to participate in and share in the enjoyment of the progress of science and its applications to the COVID-19 pandemic. Quality: Pandemics such as COVID-19 require the highest standards of scientific rigour. Not only is there potential for mistakes and miscalculations to lead to preventable deaths and suffering; the hundreds of laboratories currently competing to find cures and treatment are also unlikely to abandon their own lines of research for anything less than demonstrably impeccable research done by competitors. In high- pressure situations such as these, the temptation to cut corners is extreme, even for honest people who have no conscious desire to cheat or produce substandard work. Motivations for this could range from the pressure of the number of lives at stake, to the constant threat of being ‘scooped’ by a competing lab or individual scientist working on the same leads and publishing similar findings, and to finishing second in the ‘winner takes all’ dynamics of scientific honorific recognition. Quality also requires that ethical, professional, and common scientific standards have been fully adhered to, not only in the production of the scientific output but also in its subsequent conservation, diffusion, and dissemination. Acceptability requires that the results of research should be made available, implemented, acted-upon, integrated, shaped and formed, and generally used in ways respectful to the different lived experiences, cultures, backgrounds, and communities inevitably affected by a global pandemic, such as to facilitate their acceptance in diverse settings. General Comment No. 25 furthermore makes clear that the right to science imposes a number of corresponding duties upon States Parties to the ICESCR. The most pertinent are: Progressive realization and non- retrogression. Paraphrasing Article 2(1) ICESCR, the duty of progressive realization requires States to take steps, individually and through international assistance and co- operation, especially economic and technical, to the maximum of their available resources, in order to achieve progressively the prioritization of COVID-19-relevant research and its applications, as well as ensuring that its benefits are distributed as widely and equally as possible. However, the duty of non-retrogression requires States to ensure that ongoing research programmes and scientific funding not directly related to COVID-19 are not disproportionally affected as a result of reprioritization. Importantly, the ICESCR contains no derogation clause, which means that the COVID-19 pandemic is no excuse for failing to fulfil these duties. Non-discrimination. The duty of non- discrimination requires States to take immediate, rather than progressive, measures to eliminate barriers to participation in the scientific fight against COVID-19 for all groups. In the conduct and aims of scientific research and in designing plans for the distribution of its benefits and applications, States must take into consideration the special needs 8 • UNESCO Brief on the Right to Science and COVID-19of particular groups (e.g. women and girls, elderly people, persons with disabilities, low-income households and persons in poverty, migrants, especially undocumented, refugees, and prisoners). States must furthermore ensure the equal access of these groups to the benefits of scientific progress in relation to COVID-19, including facilities, services, goods, and information related to science, scientific knowledge itself, and its applications. Core obligations. The concept of core obligations refers to an absolute minimum acceptable standard for the realization of human rights. There are no legitimate justifications for failing to implement these core obligations, several of which are of direct relevance and great importance to the COVID-19 epidemic. With regard to the right to science, paragraph 52 of the General Comment specifies that States must remove obstacles to scientific freedom, provide adequate training for health professionals, and enable access to applications of scientific progress critical to the enjoyment of the right to health and other economic, social, and cultural rights (ESCRs). States must also ensure that public resources prioritize research directed toward areas with the greatest need for scientific progress in health, nutrition, and other basic needs related to ESCRs and the wellbeing of the population, especially vulnerable and marginalized groups. Additionally, to prevent the erosion of citizen understanding and respect for science and scientific research, States must promote accurate scientific information and refrain from disinformation, disparagement, or deliberate misinforming of the public. In parallel, they must align government policies and programmes to the best available, generally accepted scientific evidence. The approach of the Inter-American human rights system Following the COVID-19 outbreak, the Inter-American Commission on Human Rights (IACHR), along with the Office of the Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) and the Office of the Special Rapporteur for Freedom of Expression (RELE), issued two milestone resolutions entitled “Pandemic and Human Rights in the Americas” (Resolution 1/2020) and “Inter- American Guidelines for Protecting the Human Rights of Persons with COVID-19” (Resolution 4/2020), both of which emphasize connecting COVID-19 responses and human rights, including notably the right to science. In these publications, the IACHR underscores the responsibilities of States in ensuring access to and affordability of medications, health technologies, and evidence-based practices for persons affected by COVID-19 and, more broadly, addresses the pandemic situation. Particular attention is paid in both resolutions to the role of intellectual property. In this regard, the IACHR calls on States to adopt specific strategies, such as flexibility clauses, in order to prevent: restrictions on generic drugs; price gouging of medication and vaccines; abuse of patents or exclusive protection of test results; and private entities from inducing shortages or disproportionately increasing the prices of essential healthcare, biosecurity goods, materials, or services. With respect to persons with COVID-19, the IACHR stresses inter alia the need to ensure the application of principles such as non-discrimination, equality, and the implementation of prior informed consent, to all processes these individuals are asked to undergo. It calls for States to ensure accessibility and affordability of technological and scientific facilities on equal footings which include access to any essential medicines, vaccines, and medical equipment and technology as derived from the right to science and its applications (guideline 11). Furthermore, it underlines the importance of setting up international cooperation mechanisms focusing on scientific research, vaccines and medicines for treating the disease, the development of personal protection equipment, and a constant flow of information on bioethical standards in this field (guideline 25). In April 2021, the IACHR issued Resolution 1/2021 on “COVID-19 vaccines and inter- American human rights obligations” to promote the just and equitable distribution of vaccines among and between countries, with a particular focus on middle- and low-income countries. Inter alia, the Resolution addresses equality and non- discrimination; countering disinformation on vaccines through science-based knowledge; rights to access information and transparency on vaccinations; States’ obligations to eradicate corruption; and the importance of international cooperation involving all concerned stakeholders. Women’s unequal access to science According to UNESCO’s “I’d blush if I could” report, women not only have less access to information and communication technologies (ICTs), but skill deficits preventing the use of digital technologies tend to be more severe for women than for men. Additionally, the report found that even when access to ICTs is not an issue, women face inequalities due to numerous gender biases “coded into technology products, pervasive in the technology sector and apparent in digital skills education.” Addressing these distortions is one of the underlying considerations for the new Recommendation on the Ethics of Artificial Intelligence, which was adopted by the 41st session of the UNESCO General Conference. The COVID-19 pandemic revealed the urgency of tackling gender inequalities in access to scientific benefits and its applications. Countering women’s underrepresentation in the scientific community would be a decisive step in this direction. Only 35% of science, technology, engineering, and mathematics (STEM) students in higher education globally are women. Women make up 28% of tertiary graduates in engineering and 40% of those in computer sciences. Women’s presence is particularly scarce in positions of leadership and management. UNESCO Brief on the Right to Science and COVID-19 • 9INTERNATIONAL COOPERATION: THE ONLY PATHWAY Ten countries account for 80% of spending, with the majority of the countries in the Global South investing less than 1% of their GDP in R&D If science is acknowledged as a common good appropriately geared to the benefit of all individuals, then international scientific cooperation becomes mandatory. The COVID-19 pandemic has clearly demonstrated the importance of such cooperation in coping with transnational threats. The Human Rights Council called at its 46th session for stronger international cooperation, multilateralism, and solidarity in “ensuring equitable, affordable, timely and universal access for all countries to vaccines in response to the coronavirus disease (COVID-19) pandemic”. International cooperation, as per the 2017 UNESCO Recommendation, is key to ensuring that internationally- agreed ethical frameworks are consistently adhered to everywhere in the conduct of scientific research and that the specific needs of all countries are considered in the development of solutions. Moreover, international cooperation, as recognized in Article 15(4) ICESCR, generates significant benefits. In the context of global pandemics, these relate notably to the mitigation of the risks deriving from the disparities among countries in terms of scientific knowledge, data, methods, and access to the benefits of their applications. At the time of writing, wide disparities persist among nations with regard to the extent to which their COVID-19 policies are based on scientific evidence. These disparities track inequalities in health outcomes, with some countries demonstrating success in ‘flattening the curve’ while other countries have been faced with higher infection and mortality rates. International collaboration is not limited to State-to-State interactions. International agencies, including those of the UN relevant to COVID-19 such as the WHO, the World Intellectual Property Organization (WIPO), and the World Trade Organization (WTO), must also collaborate with each other and with States Parties, NGOs, academia, and the general public to ensure the efficient use of their resources in the fight against the pandemic. Furthermore, international cooperation between public and private entities, without forgetting citizen-scientist partnerships, is of the utmost importance in the context of the COVID-19 epidemic. One key to realizing such partnerships in practice will be the use of existing flexibilities in, as well as further adaptation of, international instruments pertaining to intellectual property (IP) protection, notably the Doha Declaration of the World Trade Organization and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. A number of appeals have been made in this respect from bodies including the Committee on Economic, Social and Cultural Rights, the Inter- American Commission on Human Rights, and the International Committee of Jurists. In particular, UNESCO ethics’ bodies, the IBC and COMEST, issued a joint statement urging for global vaccine equity and solidarity by allowing manufacturers in other countries to upscale deliveries of vaccines to all people. The non-exhaustive list of initiatives just enumerated serves to underscore how critical international cooperation is for addressing this complex challenge; not only in terms of securing adequate resources but also of maximizing the impact of available resources through strengthening complementarity and coherence. The realization of broader human rights obligations and responsibilities, in addition to those specifically linked to the right to science, would greatly improve not only the COVID-19 response but also global preparedness for future pandemics. It is of fundamental importance that all actors and stakeholders work toward ensuring that these obligations and responsibilities are met as soon as possible; that no further lives are lost to preventable causes; and that participation in science may contribute toward building more democratic, fair, and responsible societies. 10 • UNESCO Brief on the Right to Science and COVID-19The ACT Accelerator: a multi-stakeholder partnership to counter disparities among countries Launched in April 2020 by the WHO, the European Commission and France, the Access to COVID-19 Tools (ACT) Accelerator is a truly multi-stakeholder global alliance of, inter alia, world leaders, scientists, humanitarians, and private sector partners, aligned around a common goal: providing innovative and equitable access to COVID-19 diagnostics, treatments, and vaccines for all people across the world regardless of their wealth. Through its COVAX platform, the ACT Accelerator supports the research, development, and manufacturing of a wide range of COVID-19 vaccine candidates and negotiates their pricing so as to make them available worldwide and particularly to lower- income countries. Public-private partnerships are at the core of this initiative as illustrated by the co-lead role of Gavi - the Vaccine Alliance, and the Coalition for Epidemic Preparedness Innovations (CEPI) in the COVAX platform. Despite the impressive mobilization of resources with a total commitment of over US $14.6 billion, funding remains a main challenge. At a Virtual G7 meeting, world leaders committed over US $4.3 billion to the ACT Accelerator for further scientific developments in test, treatments, and vaccines. The leaders acknowledged that a collective effort is necessary for ending the pandemic, underscoring that no country is safe and that the efforts and protection of all are required. At the G20 Global Health Summit in May 2021, leaders released the Rome Declaration which affirms support for the ACT- Accelerator and urges the need to financial gaps to be recognized and acted upon as shared responsibilities. In May 2021, there was a minimum estimated funding gap of $18.1 billion for that year alone. UNESCO Brief on the Right to Science and COVID-19 • 11 © ESB Professional/shutterstock.comUNESCO BRIEF ON THE RIGHT TO SCIENCE AND COVID-19 This Brief draws attention to the importance of the human right to share in scientific advancement and its benefits (alias “the right to science”) enunciated in Article 27(1) of the Universal Declaration of Human Rights in light of the COVID-19 pandemic. The right to science encompasses the entire scientific cycle and thus offers scientists, citizens, and policy-makers with powerful tools for maximising the contribution of science in the fight against the COVID-19 pandemic, ensuring that no one is left behind. UNESCO, utilizing its Recommendation on Science and Scientific Researchers (2017), promotes the uptake of the right through operational guidance, capacity development and advocacy. This Brief was coordinated by the Inclusion, Rights and Dialogue Section of UNESCO’s Social and Human Sciences Sector, 2022 Right to enjoy the benefits of scientific progress and its applications Recommendation on Science and Scientific Researchers Contact: [email protected] SHS/IRD/2022/PI/1