(xi)
the nature and scope of the obligation to ensure academic freedom and the
autonomy of educational institutions.
Summary
•
The right to education can only be fully enjoyed if it is accompanied by the academic
freedom of staff and students.
•
Members of the academic community must be free to pursue, develop and disseminate
knowledge and ideas.
•
In addition, there must be an appropriate degree of self-governance by educational
institutions. The school system must, however, be accountable to learners, parents and
communities.
Discussion
Academic Freedom
The right to education can only be fully enjoyed if it is accompanied by the academic freedom
of staff and students involved in all kinds and levels of education.421 The enjoyment of
academic freedom is linked closely to freedom of expression.422 Members of the academic
community, individually and collectively, must be free to pursue, develop and disseminate
knowledge and ideas, through research, study, teaching, discussion, documentation, creation,
writing and publication.423 Academic freedom includes the liberty of individuals to express
freely opinions about the institution or system in which they work, to fulfil their functions
without discrimination or fear of repression by the State or any other actor, to participate in
professional or representative academic bodies and to enjoy all internationally recognised
human rights.424 In recognition of academic freedom, the State should actively support a free
Humanitarian Law 2001) at 42 – 43. Katarina Tomasevski was the Special Rapporteur on the Right to
Education from 1998 – 2004.
421
CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at
para 38.
422
Article 19 of the ICCPR and article 13 of the CRC guarantee the right to freedom of expression.
This right includes freedom to seek, receive and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form of art, or through any other media: see article
19(2) of the ICCPR and article 13(1) of the CRC.
423
CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at
para 39.
424
CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at
para 39
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