Look before you leap: states’ prevention and anticipation duties under the right to science

Open Access
Authors
Publication date 03-2024
Journal The International Journal of Human Rights
Volume | Issue number 28 | 3
Pages (from-to) 354-379
Number of pages 26
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for International Law (ACIL)
Abstract
States have under the right to science an obligation to prevent or mitigate harm of scientific progress and its applications. This obligation is derived from the right to be protected against the harmful effects of scientific progress and its ap-plications, a dimension of the right to science. However, preventing the harmful effects of scientific progress and its applications can sometimes conflict with other human rights or with scientific freedom, which is also part of the right to science. In such cases, limitations on one right might be required to protect an-other, whereby the different interests need to be properly balanced. While the duty to prevent harm is well established in international human rights law, it is yet obscure if the anticipation of potential harms to come is possible under the existing framework of international law. While not a legal concept, entry points for anticipation are already covered under the current international law and can be drawn together by a cross-fertilisation of the obligation to prevent, the pre-cautionary principle and due diligence. The precautionary principle and due dili-gence can provide guidance on when and under what circumstances situations for anticipation are triggered and conducted. Both concepts involve a necessity and proportionality test, which is also inherent to limitations under international human rights law.
Document type Article
Note In special issue: Anticipation under the Human Right to Science
Language English
Published at https://doi.org/10.1080/13642987.2023.2269096
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