The present report of the Special Rapporteur on the right to education, Farida Shaheed, examines the right to academic freedom from a right to education perspective. It proposes considering academic freedom an autonomous human right grounded in several provisions of international law.
Academic freedom is the freedom to access, disseminate and produce information; to think freely; and develop, express, apply and engage with a diversity of knowledge within or related to one’s expertise or field of study, regardless of whether it takes place inside the academic community (“intramural expression”) or outside the academic community, including with the public (“extramural expression”). It is a human right the exercise of which carries special duties to seek truth and impart information according to ethical and professional standards, and to respond to contemporary problems and needs of all members of society.
In the sphere of education, the Special Rapporteur supports an approach of academic freedom which all researchers, educators and students are entitled to, at all levels of education, taking into consideration the developing capacities and maturity of students. Academic freedom includes four interdependent pillars: the right to teach, to engage in discussions and debates with persons and groups inside (including in classrooms) and outside the academic community, to conduct research, and to disseminate opinions and research results. Such approach requires understanding the vitality of free expression in teaching, to review the concept of “neutrality” in education, and to reconsider processes for accrediting school manuals and imposing or prohibiting specific subjects from curricula, having in mind the aims of education under international human rights law. Educators can only foster critical thinking and provide diverse perspectives if they, themselves, enjoy academic freedom, while upholding the principles of pluralism, respect for others, and the pursuit of knowledge.
The Special Rapporteur draws the attention of the Human Rights Council and all stakeholders to the set of Principles for Implementing the Right to Academic Freedom, drafted by a working group of United Nations experts, scholars, and civil society actors, based on and reflecting the status of international law and practice. Endorsement and implementation of these Principles would allow a better state of academic freedom worldwide.
