The right to science between national and international recognition – domestic contributions to the clarification of its normative content

• Autor(a) principal: Netto, Luísa C. Pinto e
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: https://doi.org/10.34632/catolicalawreview.2023.11827

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.