Understanding the nature and scope of the right to science through the Travaux Préparatoires of the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights
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In: International Journal of Human Rights, Vol. 24, No. 8, 13.09.2020, p. 1156-1179.
Research output: Contribution to journal › Article › peer-review
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TY - JOUR
T1 - Understanding the nature and scope of the right to science through the Travaux Préparatoires of the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights
AU - Smith, Tara
PY - 2020/9/13
Y1 - 2020/9/13
N2 - The human right to science is perhaps one of the most relevant rights in modern times, yet it remains one of the least understood human rights to this day. This article examines the drafting history of the right to science to provide fresh insights into the nature and scope of the right in the context of Article 27 of the Universal Declaration of Rights and Article 15 of the International Covenant on Economic, Social and Cultural Rights. The procedural drafting history of the right is analysed to conclude that there was virtually no opposition to the right at any point between 1946 and 1966, but states failed to reach agreement on the precise nature and scope of the right and it is argued that such imprecision has affected the impact of the right in the intervening decades.
AB - The human right to science is perhaps one of the most relevant rights in modern times, yet it remains one of the least understood human rights to this day. This article examines the drafting history of the right to science to provide fresh insights into the nature and scope of the right in the context of Article 27 of the Universal Declaration of Rights and Article 15 of the International Covenant on Economic, Social and Cultural Rights. The procedural drafting history of the right is analysed to conclude that there was virtually no opposition to the right at any point between 1946 and 1966, but states failed to reach agreement on the precise nature and scope of the right and it is argued that such imprecision has affected the impact of the right in the intervening decades.
KW - international human rights law
KW - the right to enjoy the benefits of scientific progress
KW - travaux preparatoires
KW - Universal Declaration of Human Rights
KW - International Covenant on Economic, Social and Cultural Rights.
U2 - 10.1080/13642987.2020.1715947
DO - 10.1080/13642987.2020.1715947
M3 - Article
VL - 24
SP - 1156
EP - 1179
JO - International Journal of Human Rights
JF - International Journal of Human Rights
SN - 1364-2987
IS - 8
ER -