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to take whatever steps are necessary to ensure that everyone has equal access to effective
mechanisms for the protection of the moral and material interests resulting from any scientific,
literary or artistic production of which he or she is the author.
48.
National laws and regulations for the protection of the moral and material interests of the
author should be based on the principles of accountability, transparency and independence of the
judiciary, since these principles are essential to the effective implementation of all human rights,
including article 15, paragraph 1 (c). In order to create a favourable climate for the realization of
that right, States parties should take appropriate steps to ensure that the private business sector
and civil society are aware of, and consider the effects on the enjoyment of other human rights of
the right to benefit from the protection of the moral and material interests resulting from one’s
scientific, literary and artistic productions. In monitoring progress towards the realization of
article 15, paragraph 1 (c), States parties should identify the factors and difficulties affecting
implementation of their obligations.
Indicators and benchmarks
49.
States parties should identify appropriate indicators and benchmarks designed to
monitor, at the national and international levels, States parties’ obligations under article 15,
paragraph 1 (c). States parties may obtain guidance on appropriate indicators, which should
address different aspects of the right to the protection of the moral and material interests of
the author, from the World Intellectual Property Organization (WIPO), the United Nations
Educational, Scientific and Cultural Organization (UNESCO) and other specialized agencies
and programmes within the United Nations system that are concerned with the protection of
scientific, literary and artistic productions. Such indicators must be disaggregated on the basis
of the prohibited grounds of discrimination, and cover a specified time frame.
50.
Having identified appropriate indicators in relation to article 15, paragraph 1 (c),
States parties are invited to set appropriate national benchmarks in relation to each indicator.
During the periodic reporting procedure, the Committee will engage in a process of scoping with
the State party. Scoping involves the joint consideration by the State party and the Committee of
the indicators and national benchmarks, which will then provide the targets to be achieved by the
State party during the next reporting cycle. During that period, the State party will use these
national benchmarks to monitor its implementation of article 15, paragraph 1 (c). Thereafter, in
the subsequent reporting process, the State party and the Committee will consider whether or not
the benchmarks have been achieved, and any difficulties that may have been encountered.
Remedies and accountability
51.
The human right of everyone to benefit from the protection of the moral and material
interests resulting from any scientific, literary or artistic production of which he or she is the
author should be adjudicated by competent judicial and administrative bodies. Indeed, effective
protection of the moral and material interests of authors resulting from their scientific, literary
and artistic productions would be hardly conceivable without the possibility of availing oneself
of administrative, judicial or other appropriate remedies.34