Over the last decade, the human right to science has emerged from obscurity in international human rights law, thanks to the efforts of scholars and UN bodies. However, gaining the attention it deserves does not mean that the legal scope and normative content of the right to science are fully understood. This is not just a theoretical issue; it hinders the full operationalisation of the right to science at both international and national levels. Monika Plozza’s book makes a welcome and very significant contribution to addressing this problem. Through a comprehensive and insightful exploration, her book aims to make the right to science justiciable and actionable, focusing on enforceable aspects of its normative content. This book is particularly timely, as it addresses pressing global issues such as climate change, pandemics and the ethical implications of new technologies, including artificial intelligence.
Plozza’s journey to understand and further articulate the right to science began in 2019, a time when this right was scarcely recognised, even among human rights scholars. The COVID-19 pandemic brought to light the critical importance of scientific knowledge and the sharing of scientific benefits in addressing global challenges. It underscored the urgency of recognising and enforcing the right to science amidst growing scepticism towards scientific expertise, deliberate disinformation campaigns and reductions in research funding. This realisation became the catalyst for her extensive research and rigorous analysis presented in this book.
The content of the book is structured to provide a comprehensive understanding of the right to science. It begins with a historical overview of its normative elaboration, including its inclusion in the Universal Declaration of Human Rights (UDHR) in 1948 and in the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1966. This historical context is essential for understanding the foundations of the right to science and its evolution over time.
Subsequent chapters delve into the scope and normative content of the right to science, exploring its core elements and the obligations it imposes on states, including justified limitations. The book further examines the interplay between the right to science and other human rights, such as freedom of expression, academic freedom and the right to education. It also addresses the challenges and misconceptions that have long shaped the discourse around the alleged non-justiciability of the right to science, as being part of the group of economic, social and cultural rights.
The main part of the book is dedicated to operationalising the right to science, introducing practical steps for its implementation, as well as offering a roadmap for various stakeholders, including rightsholders, policymakers and legal practitioners. These steps are designed to bridge the gap between formal and material justiciability, ensuring that the right to science is not only recognised but also effectively enforced.
The book also explores the roles of various stakeholders in promoting and protecting the right to science. It highlights the responsibilities of individual researchers, academic institutions, publishers and private funding agencies, showing that each of these actors plays a crucial role in advancing science and scientific knowledge and ensuring equitable access to its benefits. It also highlights the importance of international cooperation and collaboration in the scientific field.
Plozza’s approach is grounded in the black letter method, focusing on doctrinal analysis and the interpretation of the law. This method allows for a thorough examination of the legal frameworks that underpin the right to science, including the UDHR and the ICESCR, and grounding its interpretation in the Vienna Convention on the Law of Treaties and the interpretation doctrine developed under international human rights law, in particular the living instrument doctrine. One of the standout features of Plozza’s research is her use of the so-called zebra-approach, blending binding and non-binding sources to establish legal rights and obligations. This innovative method highlights the potential of soft law instruments to complement hard law, providing a more nuanced understanding of the right to science.
The unique contribution of Plozza’s book to the evolving conversations around the right to science is the detailed exploration and elaboration of its normative content, as well as the convincing way it advocates for its effective implementation and justiciability. This book is thereby not just an academic endeavour; it is a call to action. It argues that the right to science is ready for adjudication – not as an aspirational goal but as a justiciable and actionable right within the international human rights system. It underscores the importance of the right to science in promoting a more equitable and just society, ensuring that scientific progress serves the public good and upholds human rights standards.
I highly recommend this book to anyone interested in the intersection of science and human rights. Plozza has a very clear writing style, providing concrete examples and cross-references that guide the reader through the complex dimensions of the right to science, making the book accessible to a broader audience, including scholars, policymakers and practitioners. The book is a significant testament to Plozza’s dedication and scholarly excellence. More importantly, it promises to inspire further research and dialogue on the right to science, promoting its crucial role as a backbone of democracy and in the normative framing of contemporary global challenges.
Open access