Anticipation under the human right to science and under other social and cultural rights

Abstract

ABSTRACT This article analyses how the right to science can benefit from the obligations and mechanisms related to anticipation of other, social and cultural rights. It considers how these obligations can be extended to the right to science and how they can benefit the right to science by ricochet. Hence, this article shows, on the one hand, the potential that the obligations of prevention, precaution and due diligence, when applied to, social and cultural rights, have to be extended into the context of the right to science. This analysis of obligations is followed by identifying mechanisms capable of addressing the anticipatory dimension required for implementing this right. It is therefore explored, on the other hand, how mechanisms such as indicators and HRIAs, considered useful in the framework of, social and cultural rights, can play a role in the implementation of the anticipatory aspects linked to the right to science. This analysis is based mainly on the interpretative function of quasi-judicial and jurisdictional human rights bodies.