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The Corona pandemic as never before shows the advantages of Open Science and Open Access (OA), understood as the unrestricted access to research data, software and publications over the internet. It might accelerate the long-predicted “access revolution” in the academic publishing system towards a system in which scientific publications are freely available for readers over the internet. This paradigm shift, for which the “flipping” of this journal is but one of many examples, is underway, with major research funding organisations at the national and international levels massively supporting it. The call for OA has now also been taken up by the Committee on Economic, Social and Cultural Rights, which in its recent General Comment (GC) No. 25 explicitly asks states to promote OA. Following the line of argument of the OA movement, the Committee finds that OA is beneficial to democracy, scientific progress and furthermore a tool to bridge the “knowledge gap”. The aim of this paper is to critically examine the GC and its implications for the global science system in the digital age. It argues that the great merit of the GC lies in highlighting that “benefitting” from science includes access to science as such and not only to its material outcomes. This underscores the independent meaning of the right to science which so far was primarily seen as an enabler for other social rights. However, when it comes to OA, the GC has problematic flaws. It simply assumes that OA is beneficial to the right to science, overlooking that the OA model which is likely to become the global standard risks to benefit the already privileged, namely researchers and publishers of wealthy institutions in the Global North, further sidelining those at the margins. Rather than narrowing existing gaps, it risks to further deepen them. In order to remain meaningful in the face of the fundamental criticism it faces, human rights law needs to address systemic issues and inequalities – in the science system and beyond.

zeitschrift für ausländisches öffentliches recht und völkerrecht/zeitschrift für ausländisches öffentliches recht und völkerrecht

Opening Access, Closing the Knowledge Gap? Analysing GC No. 25 on the Right to Science and Its Implications for the Global Science System in the Digital Age