A Human Right to Science: Inadequate without Participation in Science? Human Rights as a Governance Tool in Scientific Fields

Abstract

ABSTRACT This article demonstrates how participation in science and protection from risks of harm resulting from science fall within the scope of the International Covenant on Economic, Social and Cultural Rights (ICESCR) Article 15(1)(b), despite not being explicitly included in its wording. General Comment 25 on science and economic, social and cultural rights, adopted in 2020, has clarified this right to enjoy scientific progress and its applications and the derived obligations. The scholarly debate in the subsequent years shows that there are still diverse understandings of the scope of this underresearched and non-implemented human rights. The core elements involved in ensuring this right include access, protection, participation, freedom, and an enabling environment. The obligations specified in Article 15, Article 2(1) and Article 4 of the ICESCR enable fruitful exchanges between human rights, regulatory bodies, and science communities, implying that human rights can be a governance tool when considering introducing new technologies.