TY - JOUR

T1 - Innovating in uncharted terrain

T2 - on interpretation and normative legitimacy in the CESCR’s General Comment No. 25 on the right to science

AU - Mazibrada, Andrew

AU - Plozza, Monika

AU - Porsdam Mann, Sebastian

N1 - Publisher Copyright: © 2023 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group.

PY - 2023

Y1 - 2023

N2 - Science permeates almost every aspect of society, yet the human right to science remains neglected. In 2020, the Committee on Economic, Social and Cultural Rights published its General Comment No. 25, intended to interpret the abstract provisions of Article 15 ICESCR. As a non-binding treaty body pronouncement, the General Comment’s reception and impact depend on its normative legitimacy–the extent to which its reasoning is coherent, determinative, transparent, systemically consistent, and adheres to international law methodologies, particularly those set out in the 1969 Vienna Convention on the Law of Treaties. This article evaluates the General Comment’s normative legitimacy and practical value by reference to three key interpretations in Article 15: ‘science’, ‘enjoy the benefits’, and ‘participation’. The General Comment, it concludes, does not represent a comprehensive interpretation, but should be seen as opening a door to state practice and, therefore, more detailed interpretation by the Committee, States parties, and domestic and international courts. Despite purporting to innovate, the Committee’s approach generally builds on pre-existing conceptualisations, further increasing its normative legitimacy. The article concludes that the future impact of the right to science can be greatly enhanced by increased attention by the Committee and by States parties.

AB - Science permeates almost every aspect of society, yet the human right to science remains neglected. In 2020, the Committee on Economic, Social and Cultural Rights published its General Comment No. 25, intended to interpret the abstract provisions of Article 15 ICESCR. As a non-binding treaty body pronouncement, the General Comment’s reception and impact depend on its normative legitimacy–the extent to which its reasoning is coherent, determinative, transparent, systemically consistent, and adheres to international law methodologies, particularly those set out in the 1969 Vienna Convention on the Law of Treaties. This article evaluates the General Comment’s normative legitimacy and practical value by reference to three key interpretations in Article 15: ‘science’, ‘enjoy the benefits’, and ‘participation’. The General Comment, it concludes, does not represent a comprehensive interpretation, but should be seen as opening a door to state practice and, therefore, more detailed interpretation by the Committee, States parties, and domestic and international courts. Despite purporting to innovate, the Committee’s approach generally builds on pre-existing conceptualisations, further increasing its normative legitimacy. The article concludes that the future impact of the right to science can be greatly enhanced by increased attention by the Committee and by States parties.

KW - enjoy the benefits

KW - General Comment

KW - interpretation

KW - normative legitimacy

KW - participation

KW - right to science

U2 - 10.1080/13642987.2023.2234298

DO - 10.1080/13642987.2023.2234298

M3 - Journal article

AN - SCOPUS:85164912872

VL - 28

SP - 148

EP - 176

JO - International Journal of Human Rights

JF - International Journal of Human Rights

SN - 1364-2987

IS - 2

ER -