Public communication of science as a means for realizing the human right to science. Normative Framework and the case of Argentina

Abstract

The present study analyses the manner in which the Supreme Court of Justice of Tucumán incorporates international human rights law (IHRL) into its judicial and non-judicial policymaking functions. Adopting a normative approach and conducting an empirical analysis, the study examines agreements, institutional projects and 66 judgements delivered between 2019 and 2024. The objective of this study is to identify characteristics, patterns, themes and levels of intensity in the use of IHRL. The results demonstrate that, while the CSJT frequently uses IHRL, it does so in a heterogeneous manner. In its administrative capacity as the primary policy maker, the Court has demonstrated a sustained commitment to the principles of the International Human Rights Law (IHRL) by basing public policies on access to justice, gender equality, child protection, and diversity. Conversely, the utilisation of IHRL in its judicial capacity manifests with less consistency, exhibiting no discernible patterns in the reasoning underpinning its rulings. While the provincial court does contribute to the internalization of the International Human Rights Law (IHRL) at the local level, primarily through its non-judicial function, the inconsistent and unstructured application of IHRL in its judicial reasoning raises concerns about the effective consolidation of the conventional and constitutional mandate to protect human rights.