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

Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review

Standard

The Right to Science in Practice : A Proposed Test in Four Stages. / Mann, Sebastian Porsdam; Donders, Yvonne; Porsdam, Helle.

The Right to Science. Cambridge University Press, 2021. p. 231-245 (The Right to Science).

Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review

Harvard

Mann, SP, Donders, Y & Porsdam, H 2021, The Right to Science in Practice: A Proposed Test in Four Stages. in The Right to Science. Cambridge University Press, The Right to Science, pp. 231-245. https://doi.org/10.1017/9781108776301.015

APA

Mann, S. P., Donders, Y., & Porsdam, H. (2021). The Right to Science in Practice: A Proposed Test in Four Stages. In The Right to Science (pp. 231-245). Cambridge University Press. The Right to Science https://doi.org/10.1017/9781108776301.015

Vancouver

Mann SP, Donders Y, Porsdam H. The Right to Science in Practice: A Proposed Test in Four Stages. In The Right to Science. Cambridge University Press. 2021. p. 231-245. (The Right to Science). https://doi.org/10.1017/9781108776301.015

Author

Mann, Sebastian Porsdam ; Donders, Yvonne ; Porsdam, Helle. / The Right to Science in Practice : A Proposed Test in Four Stages. The Right to Science. Cambridge University Press, 2021. pp. 231-245 (The Right to Science).

Bibtex

@inbook{0a7472133b524dd79ed516e0b7cc327b,
title = "The Right to Science in Practice: A Proposed Test in Four Stages",
abstract = "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.",
author = "Mann, {Sebastian Porsdam} and Yvonne Donders and Helle Porsdam",
year = "2021",
doi = "10.1017/9781108776301.015",
language = "English",
series = "The Right to Science",
pages = "231--245",
booktitle = "The Right to Science",
publisher = "Cambridge University Press",
address = "United Kingdom",

}

RIS

TY - CHAP

T1 - The Right to Science in Practice

T2 - A Proposed Test in Four Stages

AU - Mann, Sebastian Porsdam

AU - Donders, Yvonne

AU - Porsdam, Helle

PY - 2021

Y1 - 2021

N2 - 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.

AB - 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.

U2 - 10.1017/9781108776301.015

DO - 10.1017/9781108776301.015

M3 - Book chapter

T3 - The Right to Science

SP - 231

EP - 245

BT - The Right to Science

PB - Cambridge University Press

ER -

ID: 383103635