Document Type : Original Article from Result of Thesis
Authors
1 Department of Criminal Law and Criminology , Maragheh Branch, Islamic Azad University, Maragheh, Iran
2 Associate Professor of Criminal Law and Criminology, Maragheh Branch, Islamic Azad University, Maragheh, Iran.
3 Associate Professor, Department of Criminal Law and Criminology, Maragheh Branch, Faculty of Humanities, Islamic Azad University, Maragheh, Iran.
Abstract
Highlights
Introduction
Both science and knowledge constitute a transformative force on a global scale and reflect the power of each nation. However, the scientific achievements made by different countries vary and are affected by a multitude of factors. Certain countries significantly contribute to scientific knowledge production, whereas others primarily reap the benefits of scientific advancements without actively participating in their creation. In recent decades, the legal community has paid growing attention to the benefits of education and knowledge acquisition. Numerous international declarations and conventions have underscored the significance of this matter. Despite these efforts, however, certain countries and international institutions continue to impose scientific discrimination on various societies, resulting in numerous problems and challenges. Therefore, it is worth considering this issue from a legal standpoint.
This study aims to identify legal challenges and weaknesses in international law and bodies in order to answer two questions through a descriptive-analytical approach. What is the legal approach to scientific apartheid in international law? What challenges and gaps exist in this regard?
Methodology
This study adopted a descriptive-analytical approach.
Findings
The United Nations Educational, Scientific, and Cultural Organization (UNESCO) is a distinguished international institution that aims to combat discrimination and promote scientific equality. Some of the international regulations established to address scientific discrimination and inequality are as follows: the Universal Declaration of Human Rights, the Convention against Discrimination in Education, the Islamic Declaration of Human Rights, the Convention on the Rights of the Child (approved in 1989), the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on Technical and Vocational Education (1990), the World Education Forum of Dakar (2000), and the Sustainable Development Document (Sustainable Goals of 2030). However, there are currently other gaps and obstacles that prevent scientific discrimination:
UNESCO’s narrowed scope of activity: UNESCO’s failure to prioritize establishing new laws in line with the evolving scientific landscape suggests a decline in its efforts to address scientific discrimination. Over the past years, this organization has failed to effectively address and eliminate scientific discrimination.
A broad and vague definition of discrimination without specific examples provided: In international law, the notion of discrimination is defined in general terms. In addition, the concept of discrimination in educational and scientific contexts has been used only in a few of the legal rules. Moreover, specific instances of discrimination in the scientific field have not been explicitly outlined.
Inadequate assurance of law enforcement: International organizations and institutions merely advise and request countries that have imposed sanctions and discrimination to refrain from taking such actions. An example of this was the UN’s emphasis on the proper publication of scientific and academic research and the appropriate dissemination of scientific findings. The organization’s statement highlighted the importance of ensuring that restrictions on publishing scientific works and research in scientific centers and journals are solely based on scientific and academic considerations. It should not be subject to other decisions, policies, or even the implementation of sanctions regimes against countries and their nationals.
Outdated and insufficient international legal provisions: The current measures in place to address scientific discrimination primarily consist of laws enacted between the 1970s and 2000s (Sustainable Development 2030 Document). Limiting ourselves to only a few organizations that support the promotion of science and knowledge and a small number of international legal rules may not be adequate or effective in today's era of globalized science and knowledge. This is especially true while considering that countries often utilize science and knowledge as a means of exerting power, dominance, and discrimination.
Influence of certain countries in international organizations: Certain countries can exert influence over international organizations, thereby shaping their decisions and directing their actions or even impeding them from taking certain actions. According to the 2022 Annual Report of the United Nations, certain actions taken by the Office of Foreign Assets Control of the United States Treasury Department have led to the emergence of discriminatory practices and sanctions by publishing houses, editors, and scientific reviewers towards specific countries as regards journals and publications.
Non-criminalization of scientific discrimination in international legal frameworks: Criminalization in the context of scientific discrimination has been overlooked, with only certain matters such as fraud, forgery, and plagiarism receiving attention due to their detrimental impact on the credibility and trustworthiness of science.
Conclusion
Scientific discrimination is a contributing factor that hinders progress and development in certain countries. Given the significance of this issue, international forums have attempted to set rules and regulations and establish organizations so as to develop a platform and equal conditions for providing education, acquiring science and knowledge, and reducing discriminatory behaviors. The laws and international organizations have only been able to provide a limited ground for achieving their goals in certain areas. However, there have been important global transformations, rapid and critical advancements in scientific production and knowledge, and evolutions in the means of accessing knowledge. This evolution is closely intertwined with technology, which serves as a driving force behind the economic growth of societies. Additionally, science has become a manifestation of a country’s power. These factors have led to various forms of scientific discrimination and apartheid on the global stage. While addressing these instances of discrimination, relevant organizations and current legal regulations encounter numerous challenges and deficiencies including UNESCO’s narrowing scope of activity, the broad and vague definition of discrimination without specific examples provided, the absence of mechanisms to ensure the enforcement of existing laws, the outdated and insufficient nature of international legal rules, the influence wielded by certain nations in international organizations, and the failure to criminalize scientific discrimination in international legal frameworks. These factors have hindered the abilities of international bodies and laws to effectively and decisively address and eradicate scientific discrimination.
Therefore, one of the most crucial approaches to overcoming this situation is to address these challenges by establishing and developing appropriate and effective rules for the present time. This should involve adopting binding mechanisms to ensure compliance with these rules and implementing the decisions made by international organizations regarding the elimination of scientific discrimination worldwide. It is also essential to prevent unilateral or multilateral actions taken by the countries that ignore these laws and regulations.
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