The Human Right to Science: History, Development, and Normative Content

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Cesare P. R. Romano (Professor of Law, Professor of Law, Loyola Law School) Andrea Boggio (Professor of Legal Studies, Professor of Legal Studies, Bryant University)

The Human Right to Science

History, Development, and Normative Content

Cesare P. R. Romano (Professor of Law, Professor of Law, Loyola Law School), Andrea Boggio (Professor of Legal Studies, Professor of Legal Studies, Bryant University)

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English

Oxford University Press Inc
19 December 2024

Human rights; Civil rights & citizenship; International law; Human rights & civil liberties law; Science funding & policy

Recognized as early as 1948, the right to benefit from progress in science and its applications (known more succinctly as ""the right to science"") has long confounded international legal scholars and practitioners. While it is key to properly framing the relationship between science, technology, and society, the right to science continues to be poorly understood and very rarely invoked by those who could benefit from it.

The Human Right to Science: History, Development, and Normative Content offers a thorough and systematic analysis of this pivotal human right. After discussing the aims, methodology, and key definitions, the book examines the historical origins of the right to science, from the American Declaration of Human Rights to the Universal Declaration of Human Rights and the International Covenant on Economic, Social, and Cultural Rights. It then turns to mapping the development of the right within the United Nations system (including UNESCO) and its spread to regional regimes. Finally, the book breaks down the normative content of the right to science into twenty-two distinct rights, grouped in four clusters: the right to scientific progress, to responsible scientific progress, to participate in scientific progress, and to benefit from scientific progress. For each, the book describes in detail the legal basis, content, corresponding obligations, and indicators. The book closes by recommending the adoption of a Science Treaty to fully realize the potential that the human rights framework can offer to the regulation of science and technology.

Authored by two leading experts in international law and science policy, The Human Right to Science meticulously explores the right's origins, development, and normative content. In doing so, it uncovers previously unarticulated entitlements and obligations, offering new insights on human rights interconnections.

By: Cesare P. R. Romano (Professor of Law Professor of Law Loyola Law School), Andrea Boggio (Professor of Legal Studies, Professor of Legal Studies, Bryant University)
Imprint: Oxford University Press Inc
Country of Publication: United States
Dimensions: Height: 231mm, Width: 157mm, Spine: 64mm
Weight: 1.361kg
ISBN: 9780197768990
ISBN 10: 0197768997
Pages: 904
Publication Date: 19 December 2024
Audience: College/higher education , Further / Higher Education
Format: Hardback
Publisher's Status: Active

Part I: Aims, Methodology and Definitions Chapter 1: Methodology and Definitions Part II: The History of the Right to Science Chapter 2: From the American Declaration to the Universal Declaration of Human Rights Chapter 3: From the Universal Declaration to the Covenant on Economic, Social, and Cultural Rights Part III: Mapping the Right to Science in Law Chapter 4: The UN and the Right to Science Chapter 5: UNESCO and the Right to Science Chapter 6: Regional Human Rights Regimes and the Right to Science Chapter 7: The Right to Science in National Constitutions Part IV: The Normative Content of the Right to Science Chapter 8: Finding the Normative Content of the Right to Science: An Introduction Chapter 9: The Right to Scientific Progress and to Scientific Freedom Chapter 10: The Right to Responsible Scientific Progress (Scientific Responsibility) Chapter 11: The Right to Participate in Scientific Progress Chapter 12: The Right to Benefit from Scientific Progress Part V: Conclusions Chapter 13: The Future of the Right to Science

Cesare Romano is a Professor of Law at Loyola Law School, Los Angeles (Loyola Marymount University) and a W. Joseph Ford fellow. Between 1996 and 2006 he created, developed, and managed the Project on International Courts and Tribunals, a joint undertaking of the Center on International Cooperation, New York University, and the Centre for International Courts and Tribunals, University College London, becoming a world-renowned authority in the field of international adjudication. In 2011, he put his knowledge of the law and procedure of international adjudicative bodies to the service of victims of human rights violations. He founded the International Human Rights Center at Loyola Law School, Los Angeles, and, since then, has litigated dozens of cases before various international human rights bodies, including the first case to claim violation of the Right to Science (CESCR, S.C. and G.P. v Italy, 22/2017). In 2018, Professor Romano co-established Science for Democracy, a Brussels-based NGO whose goal is to promote the human right to science and the rights of science, and he has been the organization's Secretary General since 2023. Andrea Boggio is a Professor of Legal Studies in the Department of Politics, Law, and Society and a Fellow of the Center for Health and Behavioral Sciences at Bryant University. Professor Boggio has practiced law full-time both in Italy and the United States, working on litigation involving complex scientific evidence. He joined Bryant University after completing a post-doc in bioethics at the University of Geneva and teaching applied ethics at Keele University in the United Kingdom. His expertise in the governance of scientific progress and emerging technologies has led to numerous consultancies for international bodies (i.e. UNESCO, WHO, CESCR, and OECD), human rights experts (i.e. the Special Rapporteur on Cultural Rights, the Special Rapporteur on the Right to Education, the Special Rapporteur on Toxics and Human Rights, and the Special Rapporteur on the Freedom of Opinion and Expression), and governments (i.e. Canada and Italy).

Reviews for The Human Right to Science: History, Development, and Normative Content

"A necessary comprehensive monography authored by two leading international human rights scholars and practitioners."" - Mikel Mancisidor, Professor of International Law, University of Deusto & Member of the UN Committee on Economic, Social and Cultural Rights Bringing the historical, legal, and societal dimensions of the right to science together makes this book not merely unique, but also a crucial and necessary contribution to the advancement of this human right for its beneficiaries."" - Yvonne Donders, Professor International Human Rights Law, University of Amsterdam & Member of the UN Human Rights Committee An in-depth guide to the intriguing history and surprisingly pervasive spread of the Right to Science in legal and scientific frameworks worldwide. A highly recommended work for both scientific and legal experts, as well as for those new to the idea of science as a human right."" - Drew Shindell, Nicholas Professor of Earth Sciences, Duke University Comprehensive and systematic. Any scientist should keep a copy in the lab to be reminded of this key human right that impacts their work."" - Andrea Musacchio, Director, Department of Mechanistic Cell Biology, Max Plank Institute of Molecular Physiology Cesare Romano and Andrea Boggio's large-scale, comprehensive study of the human right to science is a major contribution not just to legal studies and human rights scholarship but to any ethical-political appraisal of public policies for the funding and regulation of science, technology, engineering, and mathematics (STEM)."" - Carl Mitcham, Professor Emeritus of Humanities, Arts, and Social Sciences at the Colorado School of Mines An incisive exploration of science and human rights that reshapes our understanding of actual and future science policy."" - Bartha M. Knoppers, Professor, Centre of Genomics and Policy, McGill University"