E/C.12/GC/17
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States parties should also consider undertaking human rights impact assessments prior to the
adoption and after a period of implementation of legislation for the protection of the moral and
material interests resulting from one’s scientific, literary or artistic productions.
International obligations
36.
In its general comment No. 3 (1990), the Committee drew attention to the obligation of
all States parties to take steps, individually and through international assistance and cooperation,
especially economic and technical, towards the full realization of the rights recognized in the
Covenant. In the spirit of Article 56 of the Charter of the United Nations, as well as the specific
provisions of the Covenant (arts. 2, para. 1, 15, para. 44 and 23), States parties should recognize
the essential role of international cooperation for the achievement of the rights recognized in the
Covenant, including the right to benefit from the protection of the moral and material interests
resulting from one’s scientific, literary and artistic productions, and should comply with their
commitment to take joint and separate action to that effect. International cultural and scientific
cooperation should be carried out in the common interest of all peoples.
37.
The Committee recalls that, in accordance with Articles 55 and 56 of the Charter of the
United Nations, well-established principles of international law, and the provisions of the
Covenant itself, international cooperation for development and thus for the realization of
economic, social and cultural rights is an obligation of all States parties and, in particular, of
States which are in a position to assist.31
38.
Bearing in mind the different levels of development of States parties, it is essential that
any system for the protection of the moral and material interests resulting from one’s scientific,
literary and artistic productions facilitates and promotes development cooperation, technology
transfer, and scientific and cultural cooperation,32 while at the same time taking due account of
the need to preserve biological diversity.33
Core obligations
39.
In general comment No. 3 (1990), the Committee confirmed that States parties have a
core obligation to ensure the satisfaction of minimum essential levels of each of the rights
enunciated in the Covenant. In conformity with other human rights instruments, as well as
international agreements on the protection of the moral and material interests resulting from
one’s scientific, literary or artistic productions, the Committee considers that article 15,
paragraph 1 (c), of the Covenant entails at least the following core obligations, which are of
immediate effect:
(a)
To take legislative and other necessary steps to ensure the effective protection of
the moral and material interests of authors;
(b)
To protect the rights of authors to be recognized as the creators of their scientific,
literary and artistic productions and to object to any distortion, mutilation or other modification
of, or other derogatory action in relation to, their productions that would be prejudicial to their
honour or reputation;