Academic freedom as human right: international prospects

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Academic freedom as human right: international prospects

Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 0, Issue 0

Abstract

The article defines the main approaches to the international legal protection of academic freedom in terms of combating terrorism, mass migration of academic personnel and other challenges of the XXI century. It is argued that academic freedom as a human right can be arranged in three ways. One is to protect it within the scope of human rights to free expression; the second is to protect it through the right to education; the third - involves recognition of academic freedom as an independent human right. The article argues that neither the right to freedom of thought and expression, nor the right to education, can cover the entire scope of academic freedom in its individual, collective and institutional aspects. Therefore, it is expedient to continue to affirm and promote academic freedom as an independent human right, which, although it corresponds to the right to freedom of expression and the right to education, but has its own scope and content. At the beginning of the 21st century, the war on terrorism and the new wave of migration weakened many constitutional freedoms that are used in different parts of the world. In particular, the present threatening manifestations show that, since freedom of expression, opinion and freedom of association are endangered by the global war on terror, pressure and academic freedom are more targeted. Accordingly, the protection of academic freedom can no longer be carried out solely within the limits of national law. The approval and further promotion of academic freedom as an independent human right has become a moral and political imperative throughout the world. It is noted that current international law contains many documents that relate directly to academic freedom in certain its manifestations. However, today it is important to provide a holistic approach to ensuring this right. Thus, the need for adopting a special document of an imperative nature (in the form of an additional protocol to the ICCPR or a separate convention), in which academic freedom would be recognized as an independent human right, systematically revealed its content and determined the obligations of States in this area, taking into account the new challenges.

Authors and Affiliations

N. G. Maslova

Keywords

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EP ID EP574748
DOI 10.31733/2078-3566-2018-5-137-142
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