Using the right to enjoy the benefits of scientific progress to address the needs of adolescent mothers living with HIV

Main Article Content

M Brotherton

Abstract





Various human rights issues arise from the intersection of adolescent motherhood and HIV. While health rights may be the most obvious means by which to address such issues through policy development and legislative means, the right to health is not the only human right that may provide recourse or relief in this regard. This article considers an unexplored avenue of approaching such issues through reliance on the right to enjoy the benefits of scientific progress. The International Covenant on Economic, Social and Cultural Rights provides for the ‘right to science’ in article 15(1)(b) and more recently, as elaborated on in General Comment no. 25 of 2020. This article considers how this right can be relied upon to address issues pertaining to adolescent motherhood and HIV. Precedent from a Venezuelan Supreme Court decision is considered, as well as the normative content of the right to enjoy the benefits of scientific progress. This may be another legal means by which to hold states accountable for the health of young mothers and their children, especially as new practices, medicines and treatments emerge regarding HIV.





Article Details

How to Cite
Using the right to enjoy the benefits of scientific progress to address the needs of adolescent mothers living with HIV. (2023). South African Journal of Bioethics and Law, 16(2), 63. https://doi.org/10.7196/SAJBL.2023.v16i2.942
Section
Research Articles

How to Cite

Using the right to enjoy the benefits of scientific progress to address the needs of adolescent mothers living with HIV. (2023). South African Journal of Bioethics and Law, 16(2), 63. https://doi.org/10.7196/SAJBL.2023.v16i2.942

References

World Health Organization, United Nations Children’s Fund. Safeguarding the future: Giving priority to the needs of adolescent and young mothers living with HIV. Geneva: WHO, 2021.

World Health Organization. The Global Strategy for Women’s, Children’s and Adolescents’ Health (2016-2030): Survive, thrive, transform. New York: Every Woman, Every Child, 2015 (https://www.who.int/pmnch/media/events/2015/ gs_2016_30.pdf (accessed 29 October 2021).

United Nations. International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3.

United Nations Committee on Economic, Social and Cultural Rights General Comment No. 25: Science and Economic, Social and Cultural Rights (article 15(1) (b), (2), (3) and (4) of the Covenant) UN Doc E/C.12/GC/25.

Shaheed F. Statement by Special Rapporteur in the Field of Cultural Rights. Geneva: Office of the United Nations High Commissioner for Human Rights, 2012. https:// www.ohchr.org/en/statements/2012/07/statement-ms-farida-shaheed-special- rapporteur-field-cultural-rights-human (accessed 28 July 2023).

Toska E, Laurenzi CA, Roberts KJ, Cluver C, Sherr L. Adolescent mothers affected by HIV and their children: A scoping review of evidence and experiences from sub- Saharan Africa. Glob Pub Health 2020;15(11)1655-1673. https://doi.org/10.1080/1 7441692.2020.1775867

United Nations Children’s Fund. Addressing the needs of adolescent and young mothers affected by HIV in Eastern and Southern Africa. New York:UNICEF, 2020.

United Nations. Universal Declaration of Human Rights. Paris: UN, 1948. https://

www.un.org/en/about-us/universal-declaration-of-human-rights (accessed 31

July 2023).

United Nations. Declaration on the Use of Scientific and Technological Progress

in the Interests of Peace and for the Benefit of Mankind. UN, 1975. https://

digitallibrary.un.org/record/189603?ln=en (accessed 31 July 2023).

Venice Statement on the Right to Enjoy the Benefits of Scientific Progress and its Applications, 2009. https://www.aaas.org/sites/default/files/VeniceStatement_

July2009.pdf (accessed 28 July 2023).

Müller A. Remarks on the Venice Statement on the Right to Enjoy the Benefits of

Scientific Progress and its Applications. Hum Rights Law Rev 2010;10(4):765-784. 12. Brewer-Carias AR. The Amparo proceeding in Venezuela: Constitutional litigation and procedural protection of constitutional rights and guarantees’ Duquesne Law

Rev 2011;49(2):161. https://dsc.duq.edu/dlr/vol49/iss2/6 (accessed 28 July 2023).

Similar Articles

You may also start an advanced similarity search for this article.