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This chapter delineates the personal scope of rights holders under the right to science as articulated in Art. 15(1) ICESCR. Recognising rights holders as active participants in the human rights framework, it identifies and analyses three distinct categories: private persons (individuals, groups and collective entities), legal persons (including universities, research institutes and corporations) and future generations. The analysis clarifies the nuanced differences between individual, communal and community rights holders, highlighting the active and passive roles individuals and collectives can occupy within the right to science. The chapter further explores the evolving recognition of future generations, emphasising their emerging relevance due to the intergenerational impacts of science and technology, especially concerning climate change, biodiversity and ethical implications of scientific advancements.
This chapter seeks to identify the particularities of the AFSJ relevant to delineating the scope of the Charter. It outlines the regime governing the application of the Charter pursuant to Article 51(1) and describes how this regime plays out in the AFSJ. It also clarifies the role of other criteria traditionally used to determine scope, such as territorial, personal and temporal considerations. The chapter focuses on some of the particularities affecting the determination of the scope of the Charter in the AFSJ. It is suggested that, more than merely an interesting field to test the general limits of EU fundamental rights, the AFSJ represents a specific area of law that has moved the Charter into a more central position in EU case law, thereby consolidating the role and identity of the CJEU as a fundamental rights court.
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