[A2k] Right to Science and Culture in National Constitutions

Andrew Rens andrewrens at gmail.com
Fri Jan 26 10:13:42 PST 2018


Hi

In addition to the rights in the South African Bill of Rights already
pointed out
by Aslam there are three important aspect of Section 16,

https://www.gov.za/documents/constitution/chapter-2-bill-rights#16
<https://www.gov.za/documents/constitution/chapter-2-bill-rights#29>


   1. Everyone has the right to freedom of expression, which includes ­

b. freedom to receive or impart information or ideas;

c. freedom of artistic creativity; and

d. academic freedom and freedom of scientific research.


These should be read together so that freedom of scientific research
strengthens the right

to receive information which is an aspect of the right to benefit from
science.


You may also want to note that Article 17(2) of the African Charter on
Human and Peoples' Rights

(http://www.achpr.org/instruments/achpr/#a15) states

    Every individual may freely take part in the cultural life of his
community



Andrew Rens



On 26 January 2018 at 02:18, Aslam Raffee <aslamr at gmail.com> wrote:

> Hi,
>
>
> South Africa has the following in its constitution
> https://www.gov.za/documents/constitution/chapter-2-bill-rights#29,
>
> Section 30: the right to use the language of one's choice and to
> participate in the cultural life of one's choice.
> Section 31: the right of cultural, religious or linguistic communities to
> enjoy their culture, practise their religion and use their language.
> Section 32: the right of access to information, including all information
> held by the government.
>
> 29. Education
>
>    1. Everyone has the right ­
>
> a. to a basic education, including adult basic education; and
>
> b. to further education, which the state, through reasonable measures, must
> make progressively available and accessible.
>
>
>    1. Everyone has the right to receive education in the of ficial language
>    or languages of their choice in public educational institutions where
> that
>    education is reasonably practicable. In order to ensure the effective
>    access to, and implementation of, this right, the state must consider
> all
>    reasonable educational alternatives, including single medium
> institutions,
>    taking into account ­
>
> a. equity;
>
> b. practicability; and
>
> c. the need to redress the results of past racially discriminatory laws and
> practices.
>
>
>    1. Everyone has the right to establish and maintain, at their own
>    expense, independent educational institutions that ­
>
> a. do not discriminate on the basis of race;
>
> b. are registered with the state; and
>
> c. maintain standards that are not inferior to standards at comparable
> public educational institutions.
>
>
>    1. Subsection (3) does not preclude state subsidies for independent
>    educational institutions.
>
> 30. Language and culture
>
> Everyone has the right to use the language and to participate in the
> cultural life of their choice, but no one exercising these rights may do so
> in a manner inconsistent with any provision of the Bill of Rights.
> 31. Cultural, religious and linguistic communities
>
>    1. Persons belonging to a cultural, religious or linguistic community
>    may not be denied the right, with other members of that community ­
>
> a. to enjoy their culture, practise their religion and use their language;
> and
>
> b. to form, join and maintain cultural, religious and linguistic
> associations and other organs of civil society.
>
>
>    1. The rights in subsection (1) may not be exercised in a manner
>    inconsistent with any provision of the Bill of Rights.
>
> *2 <https://www.gov.za/documents/constitution/chapter-2-bill-rights#2ft
> >32.
> Access to information
>
>    1. Everyone has the right of access to ­
>
> a. any information held by the state; and
>
> b. any information that is held by another person and that is required for
> the exercise or protection of any rights.
>
>
>    1. National legislation must be enacted to give effect to this right,
>    and may provide for reasonable measures to alleviate the administrative
> and
>    financial burden on the state.
>
>
>
> Regards,
> Aslam
>
>
> On Fri, Jan 26, 2018 at 6:52 AM, Heesob Nam <hurips at gmail.com> wrote:
>
> > I'm looking for national constitutions that recognise, directly or
> > indirectly, the right to science and culture enshrined in Art. 15 of
> > ICESCR and Art. 27 of UDHR.
> >
> > Mr. President of South Korea pledged to hold a referendum on
> > constitutional amendment in this June and this month the advisory
> > committee of the National Assembly proposed draft provisions for the
> > amendment. The draft provisions include a clause: "everyone has the
> > right to enjoy information and culture".
> >
> > The term "right to enjoy information and culture" first appeared in
> > the special report of the National Human Rights Commissions" in 2013
> > (English translation can be downloaded at
> > https://www.humanrights.go.kr/site/inc/file/fileDownload?
> > fileid=1055542&filename=in_BB2014100709303543914011.pdf)
> > and its intention was to encompass the right to science and culture.
> >
> > If your constitutions have any provision to support the right to
> > science and culture, please let me know.
> >
> > Best,
> > Heesob
> >
> > _______________________________________________
> > A2k mailing list
> > A2k at lists.keionline.org
> > http://lists.keionline.org/mailman/listinfo/a2k_lists.keionline.org
> >
> _______________________________________________
> A2k mailing list
> A2k at lists.keionline.org
> http://lists.keionline.org/mailman/listinfo/a2k_lists.keionline.org
>


More information about the A2k mailing list