There is a regulatory element, for sure, where academic freedom is being restricted and academics are even being directly repressed, like in Hungary, Turkey or Belarus (to mention European countries); but in the practice of higher education, attacks to academic freedom also happen more insidiously in the “West”, like France or the Netherlands, where academics are being attacked for certain views, from the sphere of politics, but sometimes even from within the university itself.
There is also an intellectual crisis: the current conceptualisation of academic freedom is not adapted to our times, nor is it effective or shared. Research shows that most academics don’t think they know what academic freedom is nowadays, and when they say they do know, there is a lot of confusion about it. For some, it’s a human or fundamental right; for others, a governance principle; and yet for others a fundamental value, for example.
Now, there is a window of opportunity to – I don’t like to use the word redefine – but to reconceptualise academic freedom. Among other elements, it’s important that it should take into account internationalisation; that’s been ignored in so many ways in the existing conceptualisations, which are all based on national principles. After all, our dominant understanding of academic freedom comes largely from what Wilhelm von Humboldt conceptualised at the beginning of the 19th century in connection with the emergence of the modern nation-state.
Academic freedom is a very complex concept and reality or practice, and I would like to make a contribution to this intellectual clarification and re-conceptualisation that I am advocating for. One aspect of that is that, in my view, the international agreements that mention academic freedom (including a strong UNESCO recommendation, a UN Covenant, and the European Charter of Fundamental Rights) are partly outdated, partly not applicable. Indeed, in 2021, a judge of the European Court of Justice had to rule in favour of academic freedom as a commercial matter (the right to establish and deliver commercial services)! Moreover, provisions of these international agreements are often not binding, so their recommendations can be easily ignored. This is obviously a complex matter, but not insurmountable. To illustrate briefly:
Academic freedom as a human right is currently very important in Afghanistan for example, given the extreme actions taken by the new political power against higher education institutions, students and academics. But understood in this way, as a human right, academic freedom cannot be used for internal university affairs in reasonably democratic countries. Here, what is required most often is an understanding of academic freedom as an internal governance principle. Likewise, defining academic freedom as a human right is not that relevant to the discussion about cancel culture, where, for the case of the university, there is a tendency to equate academic freedom with freedom of expression alone, following an American model, which, I believe, is bringing its own set of difficulties.