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  • Part II - The Right to Science, Now

  • Edited by Helle Porsdam, University of Copenhagen, Sebastian Porsdam Mann, University of Copenhagen
  • Book:
    The Right to Science
    Published online:
    25 November 2021
    Print publication:
    02 December 2021, pp 105-192
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  • Contributors

  • Edited by Helle Porsdam, University of Copenhagen, Sebastian Porsdam Mann, University of Copenhagen
  • Book:
    The Right to Science
    Published online:
    25 November 2021
    Print publication:
    02 December 2021, pp vii-viii
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  • Acknowledgments

  • Edited by Helle Porsdam, University of Copenhagen, Sebastian Porsdam Mann, University of Copenhagen
  • Book:
    The Right to Science
    Published online:
    25 November 2021
    Print publication:
    02 December 2021, pp ix-x
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  • Part I - The Right to Science, Then

  • Edited by Helle Porsdam, University of Copenhagen, Sebastian Porsdam Mann, University of Copenhagen
  • Book:
    The Right to Science
    Published online:
    25 November 2021
    Print publication:
    02 December 2021, pp 15-104
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  • Contents

  • Edited by Helle Porsdam, University of Copenhagen, Sebastian Porsdam Mann, University of Copenhagen
  • Book:
    The Right to Science
    Published online:
    25 November 2021
    Print publication:
    02 December 2021, pp v-vi
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  • 13 - The Right to Science in Practice

  • from Part III - Disseminating, Implementing, and Putting into Practice the Right to Science
  • Edited by Helle Porsdam, University of Copenhagen, Sebastian Porsdam Mann, University of Copenhagen
  • Book:
    The Right to Science
    Published online:
    25 November 2021
    Print publication:
    02 December 2021, pp 231-245
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  • Summary

    The Right to Science (RtS) adds an important legal and ethical dimension to fundamental issues in science. The authors propose a four-step framework, derived from Articles 2, 4 and 15 of the International Covenant on Economic, Social and Cultural Rights, which may be used as a practical means of testing policy choices and implications against the obligations derived from the right to science. The first step consists in identifying whether a given policy, product or aspect of science constitutes a “benefit of scientific progress” or “its applications.” Where this is the case, Article 15(1)(b) establishes a prima facie right to the aspect of science in question. However, the RtS is not absolute, and the second step of the framework involves testing the prima facie right against competing rights claims and the Article 2 and 4 limitation criteria. These establish that limitations to the right must be (1) determined by law; (2) compatible with the nature of the ICESCR rights; (3) invoked solely for the purpose of promoting the general welfare in a democratic society; (4) and consistent with fundamental human rights principles of inclusion, participation, non-discrimination and dignity.

  • Copyright page

  • Edited by Helle Porsdam, University of Copenhagen, Sebastian Porsdam Mann, University of Copenhagen
  • Book:
    The Right to Science
    Published online:
    25 November 2021
    Print publication:
    02 December 2021, pp iv-iv
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  • Introduction

  • Edited by Helle Porsdam, University of Copenhagen, Sebastian Porsdam Mann, University of Copenhagen
  • Book:
    The Right to Science
    Published online:
    25 November 2021
    Print publication:
    02 December 2021, pp 1-14
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  • Summary

    Mikel Mancisidor explores how and under what circumstances the right to science entered the UDHR, and what the travaux préparatoire of the Declaration may tell us about why those who drafted the Declaration chose these precise words – what they intended to say, and what they avoided saying. The Universal Declaration of Human Rights started out as a succession of working drafts over one and a half years. The first draft was prepared by the Canadian jurist John Peters Humphrey, who had been appointed the first Director of the United Nations Division of Human Rights. This first draft, which is a very complete list of the rights that had been recorded in other declarations and reference texts, was then rearranged and converted into a more consistent declaration by the French jurist René Cassin. That draft subsequently had to pass the drafting Committee and the sessions of the Human Rights Commission before being approved by the ECOSOC and finally, on 10 December 1948, by the General Assembly in session at the Palais Chaillot in Paris, resulting in the Universal Declaration of Human Rights that we know today.

  • Index

  • Edited by Helle Porsdam, University of Copenhagen, Sebastian Porsdam Mann, University of Copenhagen
  • Book:
    The Right to Science
    Published online:
    25 November 2021
    Print publication:
    02 December 2021, pp 298-310
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  • Part III - Disseminating, Implementing, and Putting into Practice the Right to Science

  • Edited by Helle Porsdam, University of Copenhagen, Sebastian Porsdam Mann, University of Copenhagen
  • Book:
    The Right to Science
    Published online:
    25 November 2021
    Print publication:
    02 December 2021, pp 193-297
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The Right to Science
  • Then and Now
  • Edited by Helle Porsdam, Sebastian Porsdam Mann
  • Published online:
    25 November 2021
    Print publication:
    02 December 2021
  • That everyone has a human right to enjoy the benefits of the progress of science and its applications comes as a surprise to many. Nevertheless, this right is pertinent to numerous issues at the intersection of science and society: open access; 'dual use' science; access to ownership and dissemination of data, knowledge, methods and the affordances and applications thereof; as well as the role of international co-operation, human dignity and other human rights in relation to science and its products. As we advance towards superintelligence, quantum computing, drone swarms, and life-extension technology, serious policy decisions will be made at the national and international levels. The human right to science provides an ideal tool to do so, backed up as it is by international law, political heft, and normative weight. This book is the first sustained attempt at turning this wonder of foresight into an actionable and justiciable right. This title is also available as Open Access on Cambridge Core.

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