150. By failing to provide this clarification, the Commission concludes that Article
14.1.f) of the Maputo Protocol has not been violated.
On the right to enjoy the benefits of scientific progress·
151. The right to enjoy the benefits of scientific progress is not expressly provided for
in either the African Charter or the Maputo Protocol. HoWever; this does not mean
that this right, which is found in many other human rights instruments, is not
protected by the two African instruments mentioned above. It is embedded in
some of their provisions.
152. For example, in its General Comment No.2 on Article 14.1 (a), (b), (c) and (f) and
Article 14.2 (a) and (c) or the Maputo Protocol, the Commission referred to the
right to enjoy the benefits of scientific progress as one of the rights referred to in
Article 14.2(c)57, The Commission stated that women are denied the right to enjoy
the benefits of, scientific progress when they are denied the means to safely
terminate an unwanted pregnancy using modern, effective services= .
153. In its General Comment No. 25, the Committee on Economic, Social and Cultural
Rights noted that the term "scientific advancement", found in the Universal
Declaration of Human Rights and the Covenant on Economic, Social and Cultural
Rights, emphasises the capacity of science to contribute to the well-being of
individuals and humanity59 . Thus, the Committee has observed that the
development of science for peace and human rights should be given priority by
States over other uses60 .
154. The Commission is of the view that there is an important link between the right
to enjoy scientific progress and the right to health. Indeed, the right to participate
in and enjoy scientific progress undoubtedly enables the realization of the right to
health. In its General Comment No. 25, the Committee noted that scientific
progress creates medical applications that prevent diseases, such as vaccines, or
allow them to be treated more effectively= . It thus stated that "States Parties are
57 General Comment No.2
on Article 14.1(a), (b), (e) and (f) and Article 14. 2 (a) a
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