[A2k] Right to Science and Culture in National Constitutions

Heesob Nam hurips at gmail.com
Sun Jan 28 23:10:57 PST 2018


Thank you, everyone, for directing me to the useful information.
Various instances of domestic constitutions will be of a great
reference for the constitutional amendments in Korea.

Best,
Heesob

On 27 January 2018 at 03:13, Andrew Rens <andrewrens at gmail.com> wrote:
> 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
>> >
>> > _______________________________________________
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>> >
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