The human right to enjoy the benefits of the progress of science and its applications (the right to science, or RtS), enshrined in Article 27(2) of the Universal Declaration of Human Rights (UDHR) and Article 15(1)b of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) "adds a legal and moral dimension to a range of fundamental issues, including scientific freedom, funding, and policy, as well as access to data, materials, and knowledge" (Porsdam Mann et al., 2018). Part of the promise is that the RtS, as it becomes more developed, may be used as a legally binding and normatively weighty framework for the assessment of the ethical and human-rights related aspects of science and scientific policy.This chapter introduces the four-step test, a framework developed as a means to assess whether a policy complies with the obligations imposed by the right to science under international human rights law. In doing so we, like the Committee on Economic, Social and Cultural Rights in its new General Comment (CESCR, 2020), adopt an "internal perspective" for the purposes of this sketch. This means that we have drawn extensively on scholarship, guidance, and interpretation of the ICESCR itself.Unfortunately, there has not been space here to fully explore the "external perspective," in which the relations between rights across treaties and other human rights instruments are factored into the desiderata that make up our proposed test in four stages. We will explore this in subsequent work. We hope, however, that the sketch presented here will engender fruitful discussion so that it may be made into a useful judicial and policy framework.
backgroundWe take as our points of departure several general approaches to the interpretation of State obligations under international human rights law (Donders, 2011), including of use, available at https://www.cambridge.org/core/terms.