The Human Right to Research in International Law
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The Human Right to Research in International Law
German Yearbook of International Law, Vol. 66 (2023), Iss. 1 : pp. 293–323
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Dr. Sanya Samtani, Mandela Institute, University of the Witwatersrand , Südafrika
Abstract
Abstract: The covid-19 pandemic has highlighted issues concerning equitable access to and participation in research. But research has always been indispensable to human development. To what extent does international law guarantee access to research as well as the practice of researching? Drawing on the social anthropology definition of research as the pursuit of that which is not yet known, this paper locates a novel human right to research within the core international human rights covenants. The paper sets out the scope and content of the right and the nature and content of State obligations flowing from it. It concludes by briefly outlining the implications of recognising this right for intersecting legal regimes like intellectual property law.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Sanya Samtani\nThe Human Right to Research in International Law | 293 | ||
| Introduction | 293 | ||
| I. A Human Right to Research: Concept and Method | 296 | ||
| A. What is ‘Research’? | 296 | ||
| B. Why Locate this Right Within Existing Human Rights Law? | 300 | ||
| II. Locating the Human Right to Research | 303 | ||
| A. Scope of Application of the Right to Research | 305 | ||
| B. Normative Content of the Right to Research | 307 | ||
| 1. Availability | 308 | ||
| 2. Accessibility | 309 | ||
| 3. Acceptability | 310 | ||
| 4. Quality | 311 | ||
| C. Limitations to the Right to Research | 311 | ||
| III. State Obligations to Realise the Right to Research | 313 | ||
| A. Nature and Priority of Obligations | 313 | ||
| B. Typology: Respect, Protect and Fulfil | 315 | ||
| 1. Respect | 316 | ||
| 2. Protect | 317 | ||
| 3. Fulfil | 318 | ||
| C. International Cooperation | 319 | ||
| Conclusion | 320 |