The Right to Participate In and Enjoy the Benefits of Scientific Progress and its Applications: A Conceptual Map

New York International Law Review, 2021, Vol. 34, No. 2, pp. 43-77

36 Pages Posted: 4 Apr 2022

Date Written: 2021

Abstract

This paper proposes a coherent account of the entitlements secured in the right to science as codified in Article 15 of the International Covenant on Economic, Social and Cultural Rights. These entitlements form a cluster of rights containing three distinct but interrelated clusters of rights (first-level rights): right to scientific progress, right to participate in scientific progress, and right to benefit from scientific progress. In turn, each of these first-level clusters of rights can be further disaggregated into discrete second-level rights. The paper follows this logic. First, the assumptions and methods at the foundation of the analysis are discussed. Then, it turns to the various rights under the broad right to science umbrella, cluster by cluster. Finally, it concludes with a general reflection on the normative content of the right and directions for further conceptual work.

Keywords: human rights, right to science, ICESCR, cultural rights, right to participate in scientific progress, science policy

JEL Classification: K33

Suggested Citation

Boggio, Andrea, The Right to Participate In and Enjoy the Benefits of Scientific Progress and its Applications: A Conceptual Map (2021). New York International Law Review, 2021, Vol. 34, No. 2, pp. 43-77, Available at SSRN: https://ssrn.com/abstract=4054555

Andrea Boggio (Contact Author)

Bryant University ( email )

1150 Douglas Pike
Smithfield, RI 02917
United States
4012326455 (Phone)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
71
Abstract Views
391
Rank
602,032
PlumX Metrics