[A2k] Right to Science and Culture in National Constitutions

Ramalho Ana (IR) ana.ramalho at maastrichtuniversity.nl
Fri Jan 26 00:14:11 PST 2018


Hi,

The Portuguese constitution has the following provisions:

Article 42 Freedom of Cultural Creation
(1) Intellectual, artistic, and scientific creation are unrestricted.
(2) This freedom includes the right to invention, production, and dissemination of scientific, literary, or artistic works, including legal protection of copyright.

Article 73 Education, Culture, and Science
(1) Everyone has the right to education and culture.
(2) The State promotes the democratization of education and other conditions so that education at school and by other methods can contribute to the development of the personality, to social progress, and to democratic participation in public life.
(3) In conjunction with the mass media, cultural association and trusts, cultural and recreational groups, associations for the safeguard of the cultural heritage, neighborhood organizations and other cultural agents, the State promotes the democratization of culture by encouraging and securing access by all citizens to the fruits of culture and cultural creation.
(4) Scientific creation and research, as well as technological innovation, is encouraged and assisted by the State.

Best,
Ana
________________________________________
From: A2k <a2k-bounces at lists.keionline.org> on behalf of Aslam Raffee <aslamr at gmail.com>
Sent: 26 January 2018 08:18
To: Heesob Nam
Cc: a2k at lists.keionline.org
Subject: Re: [A2k] Right to Science and Culture in National Constitutions

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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