Science for all: extraterritorial obligations for the realization of the human right to science

Abstract

Since it was included in the article 27 of the Universal Declaration of Human Rights (UDHR) and subsequently in the article 15 International Covenant on Economic, Social and Cultural Rights (ICESCR), the Human Right to Science (HR2S) has been neglected for many decades. However, in the last years it has started to emerge from the darkness thanks to remarkable efforts from academia, scientific associations or institutions. Moreover, the latest thinking embraces a more inclusive interpretation of the HR2S, as it advocates access not only to material benefits but also to scientific knowledge, and promotes participation for all. The normative content that has to be deduced from article 15 encompasses four dimensions, namely, access, participation, protection and International Cooperation. The latter aspect is essential for the advancement of Science due to its nature. Science has a progressive character as it evolves while building on the scientific work of others. Furthermore, States have committed to cooperate in economic, social and cultural rights in general, and in the scientific field in particular. Following on from this, the present Human Right has a strong transnational component as it strengthens the issue of International Cooperation of article 2.1 of the ICESCR in its paragraph 4. The present contribution aims at researching how to realize the HR2S through extraterritorial obligations, as part of the duty of International Cooperation. This paper will attempt to push the Law further supporting the idea that the framework of International Cooperation gives rise to a set of transboundary obligations for States. Hence, following the Maastricht Principles on Extraterritorial Obligations in the area of Economic, Social and Cultural Rights these obligations will be applied to the HR2S following the triple typology of respect-protect-fulfil. Key words: Human Right to Science, ICESCR, International Cooperation, Extraterritorial Obligations.