Finally, the CESCR lists the following aspects with respect to realization of the right of
everyone to enjoy the benefits of scientific progress:
(a) Measures taken to ensure the application of scientific progress for the
benefit of everyone, including measures aimed at the preservation of
mankind’s natural heritage and at promoting a healthy and pure
environment and information on the institutional infrastructures established
for that purpose.
(b) Measures taken to promote the diffusion of information on scientific
progress.
(c) Measures taken to prevent the use of scientific and technical progress for
purposes which are contrary to the enjoyment of all human rights, including
the rights to life, health, personal freedom, privacy and the like.
(d) Any restrictions which are placed upon the exercise of this right, with
details of the legal provisions prescribing such restrictions.381
10.1.2 Obligations of State Parties
General Comment No. 21 on the “right of everyone to take part in cultural life”
differentiates between four types of State obligations:
1. The “general legal obligations” include in particular “the immediate obligation to
guarantee that the right set out in article 15, paragraph 1 (a), is exercised without
discrimination, to recognize cultural practices and to refrain from interfering in their
enjoyment and development.”382
2. The “specific legal obligations” are: “(a) the obligation to respect; (b) the obligation
to protect; and (c) the obligation to fulfil:”383
a. “The obligation to respect requires States parties to refrain from interfering,
directly or indirectly, with the enjoyment of the right to take part in cultural
life.”
b. “The obligation to protect requires States parties to take steps to prevent
third parties from interfering in the right to take part in cultural life. “
c. “The obligation to fulfil requires States parties to take appropriate legislative,
administrative, judicial, budgetary, promotional and other measures aimed at
the full realization of the right enshrined in article 15, paragraph 1 (a), of the
Covenant”384
3. The “core obligations” to “ensure the satisfaction of, at the very least, minimum
essential levels of each of the rights set out in the Covenant.”385 Regarding the right
to take part in cultural life, the core obligations include the obligations:
a.
“To take legislative and any other necessary steps to
guarantee non-discrimination and gender equality in the
enjoyment of the right of everyone to take part in cultural
life”;
96
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