Biology Reference
In-Depth Information
Article 19(a)(iii) puts the obligation of making benefits available into an inter-
national context.
In the framework of international co-operation with developing countries, states should
seek to encourage measures enabling … developing countries to benefit from the achieve-
ments of scientific and technological research so that their use in favour of economic and
social progress can be to the benefit of all … (UNESCO 1997)
3.6.2 Universal Declaration on Bioethics and Human Rights
The adoption of this declaration in 2005 generated a lot of debate from critics who
argued that it had not been preceded by adequate consultation of stakeholders and
that public comment had not been solicited (Macpherson
2007
).
One of the aims of the declaration, as stated in article 2(f), is
to promote equitable access to medical, scientific and technological developments as well
as the greatest possible flow and the rapid sharing of knowledge concerning those devel-
opments and the sharing of benefits, with particular attention to the needs of developing
countries … (UNESCO
2005
)
Article 15(1) advocates sharing of the benefits of research within the interna-
tional community, but emphasizes the need to share benefits with developing
countries. It further suggests forms that benefits could take.
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.
The article has been criticized for neglecting 'to address the unique duties of
profit-driven sponsors or the challenges to identifying or sharing benefits in resource-
poor nations' (Macpherson
2007
: 589). This criticism does not, however, take into
account the nature of the declaration and the role of UNESCO, which do not war-
rant the inclusion of such details in the article. Stakeholders are left free to determine
how to deal with specific issues that they may encounter in different situations. At the
same time the article does provide some guidance on what can be considered benefits.
Article 21(4) is particularly relevant to negotiating benefit sharing in transnational
collaborative research. It provides that 'when negotiating a research agreement, terms
for collaboration and agreement on the benefits of research should be established
with equal participation by those party to the negotiation' (UNESCO
2005
).
