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Rights without Ratification: The Human Right to Science in the United States

Mon, August 10, 4:00 to 5:30pm, TBA

Abstract

This paper examines how the United States engages with the human right to science despite never having ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR), which articulates this right. The paper employs two complementary analytical strategies, functional equivalency and counterfactual analysis. We employ a functional equivalency strategy to examine how U.S. institutions support the human right to science. We then turn to a counterfactual strategy to consider how these arrangements would differ if the United States ratified the ICESCR. The analysis is situated within ongoing policy debates concerning open science, public access to research, equity in STEM education, and the governance of emerging technologies.

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