The Right to Science in Practice: A Proposed Test in Four Stages

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.