TY - JOUR

T1 - The right to science or to Wissenschaft? Five lessons from the travaux préparatoires

AU - Porsdam Mann, Sebastian

N1 - doi: 10.1177/09240519241246129

PY - 2024

Y1 - 2024

N2 - This article identifies novel insights from a detailed analysis of the travaux préparatoires of the right to science provisions in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). It makes five main contributions. First, it demonstrates the bidirectional influence between the UDHR and the earlier American Declaration of the Rights and Duties of Man in the formulation of the right to science, as opposed to unidirectional borrowing. Second, it traces the origins of Article 15 ICESCR to the UNESCO Constitution and argues that Article 15, specifically subclauses 2?4, were intended as implementation measures, though Article 15(3) was elevated into a separate and additional obligation due to its perceived importance for scientific and creative progress. Third, it clarifies an apparent conflict between drafting history and subsequent instruments concerning scientific purpose by distinguishing the development and use of science. Fourth, it suggests facilitating the search for truth as an unarticulated object and purpose of these provisions. Finally, it shows that many drafters acknowledged a broad scope of ?science? beyond the natural sciences. Overall, this article elucidates overlooked aspects of the travaux to inform contemporary debates on this important yet obscure right.

AB - This article identifies novel insights from a detailed analysis of the travaux préparatoires of the right to science provisions in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). It makes five main contributions. First, it demonstrates the bidirectional influence between the UDHR and the earlier American Declaration of the Rights and Duties of Man in the formulation of the right to science, as opposed to unidirectional borrowing. Second, it traces the origins of Article 15 ICESCR to the UNESCO Constitution and argues that Article 15, specifically subclauses 2?4, were intended as implementation measures, though Article 15(3) was elevated into a separate and additional obligation due to its perceived importance for scientific and creative progress. Third, it clarifies an apparent conflict between drafting history and subsequent instruments concerning scientific purpose by distinguishing the development and use of science. Fourth, it suggests facilitating the search for truth as an unarticulated object and purpose of these provisions. Finally, it shows that many drafters acknowledged a broad scope of ?science? beyond the natural sciences. Overall, this article elucidates overlooked aspects of the travaux to inform contemporary debates on this important yet obscure right.

U2 - 10.1177/09240519241246129

DO - 10.1177/09240519241246129

M3 - Tidsskriftartikel

SP - 09240519241246129

JO - Netherlands Quarterly of Human Rights

JF - Netherlands Quarterly of Human Rights

SN - 0924-0519

ER -