The Right to Science between National and International Recognition – Domestic Contributions to the Clarification of Its Normative Content

Netto, L. C. P. e. (2023). The right to science between national and international recognition – domestic contributions to the clarification of its normative content. Católica Law Review, 7(1), 103-137. https://doi.org/10.34632/catolicalawreview.2023.11827

28 Pages Posted: 31 Mar 2023

Date Written: 2022

Abstract

The right to science is not very often enshrined in constitutions, despite being established in international law. This normative framework contributes to the lack of sufficient definition of states’ obligations, hindering a full-fledged recognition of this right. The article seeks to anchor an implicit right to science in a specific constitutional order and to explore its concretization through domestic constitutional practice. Relying on decisions taken by the Brazilian Constitutional Court, the content of the right to science and the states’ core obligations are elaborated. This elaboration considers the reciprocal influence between domestic and international law and aims at advancing the right to science. The study of the case law reveals both the importance of recognizing the autonomous right to science and its relevance in the promotion of other rights. Additionally, the right to science appears as an essential tool for tackling complicated societal and environmental challenges from a rational, democratic, and rights-based approach.

Keywords: Right to science, implicit rights, positive State obligations

Suggested Citation

Netto, Luísa, The Right to Science between National and International Recognition – Domestic Contributions to the Clarification of Its Normative Content ( 2022). Netto, L. C. P. e. (2023). The right to science between national and international recognition – domestic contributions to the clarification of its normative content. Católica Law Review, 7(1), 103-137. https://doi.org/10.34632/catolicalawreview.2023.11827, Available at SSRN: https://ssrn.com/abstract=4395032 or http://dx.doi.org/10.2139/ssrn.4395032

Luísa Netto (Contact Author)

University of Leiden ( email )

Netherlands

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