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This chapter clarifies the substantive scope and core content of the right to science as enshrined in Art. 15 ICESCR. By employing a reverse-engineering methodology grounded in the core obligations identified by the Committee on Economic, Social and Cultural Rights in General Comment No. 25, the chapter systematically derives the core rights of the right to science. The analysis identifies four distinct yet interrelated substantive rights: the right to enjoy the benefits of scientific progress and its applications (Art. 15(1)(b) ICESCR; the right to the conservation, development and diffusion of science (Art. 15(2) ICESCR); freedom of science (Art. 15(3) ICESCR); the right to international scientific ollaboration (Art. 15(4) ICESCR) and the right to equality and non-discrimination in science. Each dimension incorporates essential, immediately enforceable core rights, which constitute the non-derogable nucleus of the right to science, thereby making them inherently justiciable irrespective of resource limitations. The findings contribute to bridging gaps between theoretical frameworks and practical adjudication, enhancing the protection and realisation of the right to science.
This book delivers an in-depth doctrinal analysis of the right to science under Article 15 ICESCR, focusing on the novel concept of its core content, as well as on its rights holders and duty bearers. Monika Plozza challenges the entrenched dichotomy between economic, social and cultural rights on the one hand and civil and political rights on the other, demonstrating that the right to science is fully justiciable. Situating it within the wider framework of international human rights law, she traces its connections with a broad range of related rights. In doing so, this book equips scholars, practitioners and policymakers with the legal tools needed to invoke and implement the right to science in judicial and policy contexts. Timely and rigorous, it establishes the right to science as a vital legal framework for confronting global challenges ranging from climate change and disinformation to artificial intelligence. This title is also available as open access on Cambridge Core.