El Derecho a La Ciencia Y a Los Saberes Ancestrales En La Jurisprudencia Climática De La Corte Interamericana De Derechos Humanos
Year: 2026
Type: article
Abstract: This article examines the development of the right to science and ancestral knowledge in the climate jurisprudence of the Inter-American Court of Human Rights, with particular focus on Advisory Opinion OC-32/25 on the climate emergency and human rights. It analyzes how the Court has positioned science as a structural element of climate action by requiring that public decisions be grounded in the "best available science," while si- multaneously recognizing the value of local, traditional, and Indigenous knowledge as relevant components of the right to science. Within this framework, the article argues that the right to science, when interpreted through an intercultural approach, does not merely guarantee access to and participation in knowledge, but also shapes the distribu- tion of epistemic authority within climate governance, opening the possibility of chal- lenging and reconfiguring dynamics of coloniality in the production and validation of knowledge. Finally, it contends that the effectiveness of climate law depends on its ability to articulate a non-hierarchical relationship between scientific and ancestral knowledge, avoiding both the exclusion and subordination of the latter in public decision-making.
Source: Cuadernos Manuel Giménez Abad
Author: Digno MONTALVÁN-ZAMBRANO
Language: Spanish
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7166556333