FREEDOM ENGINEERINGAND Downloaded from http://asmedigitalcollection.asme.org/memagazineselect/article-pdf/134/09/32/6358244/me-2012-sep1.pdf by guest on 26 September 2021 fOR ALL I N THe ngineers are no strangers to the DeVeLOPeD AND challenges of bringing effective DeVeLOPING processes and basic infrastructure wORLDS, E to remote communities and marginalized TeCHNOLOGY IS populations. Engineers often operate beyond beCOmING the borders of their own communities, A bASIC HUmAN cultures, and languages to bring change and RIGHT. assist in the development of sustainable and BY JeSSICA M. WYNDHAm resilient societies around the globe. Most engineers understand the potential impact of their work on people and the environment, and most are familiar as well with the ethics and regulations relevant to their jobs. Many engineers are less familiar, however, Jessica M. Wyndham is associate director of the Scientific Responsibility, with another set of ideas of direct relevance to Human Rights, and Law Program of the American Association for the their profession: international standards for Advancement of Science. human rights. Human rights include what 32 MECHANICAL ENGINEERING | September 2012 HumanRights3.indd 32 8/3/12 3:51 PM Downloaded from http://asmedigitalcollection.asme.org/memagazineselect/article-pdf/134/09/32/6358244/me-2012-sep1.pdf by guest on 26 September 2021 HumanRights3.indd 33 8/3/12 3:51 PM are traditionally known as civil liberties—the right to vote, international and regional treaty law, according to which freedom of expression, the right to a fair trial—but they governments voluntarily assume obligations for which they extend farther, including the realm of technology and its can be held accountable. Human rights are also recognized benefits. in domestic law, including constitutions and statutes. Hu- man rights law, as voluntarily adopted at the international and regional levels, imposes obligations on governments to he language and principles of international human respect, protect, and fulfill human rights. As such, govern- rights start with the Universal Declaration of Hu- ments are expected to not violate human rights, to ensure man Rights, adopted by all 50 members of the Unit- third parties do not violate human rights, and to take posi- T ed Nations General Assembly on Dec. 10, 1948. The Univer- tive steps to ensure the enjoyment of human rights. sal Declaration is a non-binding statement, but it led to the The mechanisms available to ensure governments abide development and adoption in 1966 of two separate binding by their human rights legal obligations will depend signifi- international treaties, called International Covenants, one cantly on the specific context, including the nature of the Downloaded from http://asmedigitalcollection.asme.org/memagazineselect/article-pdf/134/09/32/6358244/me-2012-sep1.pdf by guest on 26 September 2021 on Civil and Political Rights and the other on Economic, outcome sought (individual or community-based), the ap- Social, and Cultural Rights. propriate forum for discussion (legislative or judicial), and The former addresses such rights as freedom of expres- the prevailing political system (autocratic or democratic). sion, the vote, and fair trial, while the latter is concerned For example, when human rights obliga- with rights to the basics of a sustainable life, tions are enshrined in a domestic constitu- such as food, housing, employment, tion, then recourse to national courts is education, and an adequate stan- one avenue for ensuring human rights are dard of living. Of particular rele- protected. In cases where domestic pro- vance to the engineering profession, 160 tection of human rights does not occur, RIES Article 15(1)(b) of the International COUNt it is possible in certain circumstances to NIZE Covenant on Economic, Social, and REcOG appeal to the international community Cultural Rights recognizes the right to t for recourse and protection. benefit from “scientific progress and THE RIGH t Government-employed engineers are bound to respect all of the treaty its applications.” BENEFIFIc Over 160 countries are party to this tO cIENtI commitments entered into by their FROM “S treaty, including Australia, Germany, ROGRESS AND government. Individuals, private India, Japan, and the United Kingdom. P cAtIONS.” companies, non-governmental orga- S APPLI The United States, however, is not. While It nizations, professional societies, and the U.S. is a party to the International others may not be directly and legally bound by Covenant on Civil and Political Rights, it international human rights treaties entered into by gov- has been the long-held position of the U.S. that economic, ernment and for governments, but at minimum it can be social, and cultural rights are merely aspirational and unen- argued that it is part of the professional responsibility of forceable in a court of law. engineers to respect and promote human rights. There exist several other international human rights Just as ethical standards guide the work of engineers, so treaties addressing either the rights of specific vulnerable too human rights can offer a useful framework by which populations (children, women, migrant workers, and per- to set priorities, design products and processes, assess sons with disabilities) or specific human rights issues (ra- potential risks, monitor progress, and evaluate impact. cial discrimination and torture). Common principles that Indeed, in some scientific societies human rights language emerge across these and all other human rights laws are the has been explicitly incorporated into the code of ethics of principles of equality, non-discrimination, transparency, the discipline to clarify and strengthen relevant standards and accountability. of conduct. Human rights law provides a framework by which to es- Human rights are different from “development.” Engi- tablish budgetary, research, and programmatic priorities; neers working in developing countries or on infrastructure defend the rights of engineers to conduct their work and to and other development projects might be familiar with collaborate with colleagues on an international basis; as- standards of development practiced by the World Bank, re- sess whether and how to proceed with a project or product gional development banks, and similar development agen- that may have negative impacts; and develop processes and cies. These standards can be distinguished from the specific mechanisms for ensuring that the benefits of engineering and unique legal foundations of human rights. are enjoyed by everyone on a non-discriminatory basis, not Development is primarily a path towards poverty re- only among developing countries, but within the developed duction. The United Nations’ Millennium Development world as well. Goals represent a distillation of the principal development Human rights are fundamental entitlements that are to be challenges that the global community believes need to be enjoyed by everyone without discrimination by virtue of be- addressed for extreme poverty to be alleviated. These chal- ing human. Human rights are recognized in law, including lenges include eliminating hunger, child mortality, HIV/ 34 MECHANICAL ENGINEERING | September 2012 HumanRights3.indd 34 8/3/12 3:52 PM AIDs, and malaria, and promoting associate in professional en- environmental sustainability and gineering societies, to enjoy gender equality. The 193 member the freedom necessary to con- countries of the United Nations duct research, and the right ENGIN pledged to achieve the Millenni- HAV eeRS to communicate engineering um Development Goals by 2015, e A VITAL ROL information and knowledge. with achievement measured ac- TO PLAY IN GIVINGe In many societies, however, cording to specified statistical VISIBILITY the rights of engineers, as well targets. For example, in the area as their scientist colleagues, are of maternal health, the Millen- TO HUMAN curtailed. As members of an edu- nium Development Goals set cated minority, scientists and en- a target of reducing by three RIGHTS. gineers may adopt public roles and quarters the maternal mortal- garner political attention that put Downloaded from http://asmedigitalcollection.asme.org/memagazineselect/article-pdf/134/09/32/6358244/me-2012-sep1.pdf by guest on 26 September 2021 ity ratio. Currently, in developing regions, ma- them in conflict with ruling elites. ternal mortality has reduced by 34 percent, a significant im- In Bahrain, in the past year alone, provement, but still far from the millennium goal set in 1990. two engineers have been the subject of calls for action and A development approach and a human rights approach assistance. In one case, a professor of telecommunications differ in several ways, including the way in which statis- engineering was arrested, and allegedly mistreated while tics are gathered and analyzed, the conclusions that are in custody, for participating in an “unauthorized” rally. In reached, and the policies and programming that result. another case, a professor of mechanical engineering was A human rights-based approach to maternal health, for arrested on his reentry into Bahrain. The professor was example, requires a disaggregation of health data to identify returning from London where he had given a presenta- the precise populations that suffer maternal mortality at a tion to the House of Lords on the human rights situation rate higher than average, or higher than considered medi- in Bahrain. Even in open democracies, the rights of engi- cally acceptable.