This chapter examines the justiciability of the right to science, identifying historical, conceptual and legal factors that have contributed to its marginalisation. It first addresses the historical evolution of human rights from the unified Universal Declaration of Human Rights into two distinct Covenants, leading to misconceptions around ESC rights’ justiciability. Clarifying the concept of justiciability, the chapter distinguishes between formal justiciability existing mechanisms for adjudication – and material justiciability, concerning clarity and enforceability of the right’s normative content. The analysis systematically challenges misconceptions about ESC rights’ alleged non-justiciability and evaluates contemporary international, regional and national enforcement mechanisms. Highlighting a significant gap between established formal justiciability and underdeveloped material justiciability, the chapter argues for greater definitional clarity regarding the normative content of the right to science, setting the stage for the subsequent chapters which further articulate this right’s substantive elements and promote its practical enforcement.