The Right to Scientific Progress and to Scientific Freedom

Abstract

Abstract This chapter describes the normative basis and content of the first cluster of rights within the right to science: to scientific progress and what makes it possible, namely, scientific freedom. It contains eleven distinct rights, divided into four groups, labeled “intellectual,” “social,” “labor,” and “cultural.” The “intellectual” group includes (1) the freedom of scientific thought; (2) the freedom of scientific opinion and investigation; and (3) the freedom of scientific expression. The “social” group includes (4) the freedom of scientific assembly; (5) the freedom of scientific association; (6) the freedom of movement of scientists; and (7) the right of scientists to take part in the conduct of public affairs (passive and active participation). The “labor” group includes (8) the right of scientists to work and follow scientific vocation freely; and (9) the right of scientists to just and favorable conditions of work and safe and healthy working conditions. The “cultural” group includes (10) the right to take part in cultural life; and (11) the right to benefit from the protection of the moral and material interests resulting from scientific production. The chapter starts by conceptualizing scientific freedom and identifying its normative basis in international legal instruments. Then, it discusses each of the eleven rights, analyzes what States must do to respect, protect, and fulfill those rights, and finishes by putting forward indicators (structural, process, and outcome) that are or could be used to measure progress (or regress) toward their implementation.