Academic Freedom

Introduction

Academic freedom and scientific autonomy are vital for science to progress and best serve society. However, in a number of countries and in a number of different ways, these rights are being encroached upon. Political, religious and commercial pressures on both individual scientists and academic institutions are undermining the ability of researchers to work freely and without hindrance, threatening the Universality of Science Principle enshrined in ICSU’s statutes. Seriously concerned by this growing trend, the Committee on Freedom and Responsibility in the conduct of Science (CFRS) reached out in 2012 to ICSU’s Member organisations to learn about their specific national and disciplinary situation in two exemplary areas: The ‘muzzling’ of scientists and the protection of whistle-blowers. CFRS also compiled information on the constitutional protection of academic freedom, which can be found further below.

Muzzling of scientists & protection of whistle-blowers

In a letter to the ICSU Membership, attention was drawn to public sector scientists being prevented from talking to the media because their views were not necessarily in accord with government policies. CFRS also pointed out that whistle-blowers, whose role is critical for the self-correcting nature of science, are not always protected.

In its response (PDF), the Council of Finnish Academies described a recent case of muzzling of scientists in the VTT Technical Research Center and outlined the legal situation of whistle-blowing in Finland. The Royal Society of New Zealand posted a detailed description of the situation in New Zealand on their website, however their comments will be valuable in a variety of contexts.

For further reading on this topic, CFRS recommends the following articles and websites:

• "Unshackle government scientists and let them do their jobs", The Globe and Mail (Toronto), 4 January 2013 »»
• "Que le gouvernement du Canada laisse ses scientifiques faire leur travail!", Le Devoir (Montréal), 4 January 2013 »»
• 'Death of Evidence' rally in Ottawa, Canada, on 10 July 2012 »»
• "North Carolina lawmakers reject sea level rise predictions", Chicago Tribune, 3 July 2012 »»
• "Revised North Carolina Sea Level Rise Bill Goes to Governor", ScienceInsider, 3 July 2012 »»
• "Help support government participation in scientific meetings", Science Policy Alert of the American Geophysical Union (AGU), 22 June 2012 »»
• "Ottawa 'muzzling' scientists, panel tells global research community", The Globe and Mail (Toronto), 17 February 2012 »»
• Whistleblower Protection Act, Japan (enacted in June 2004), also applying to scientists (only in Japanese) »»

Constitutional protection of academic freedom

The concept of academic freedom finds frequent reflection in legal texts. Provided below is a compilation of national constitutions that guarantee academic freedom at the generic level. Depending on the national and cultural context, the relevant passages may specifically refer to academic freedom, but also to "free knowledge," "scientific creativity" or other provisions to that same effect. The collection presented is comprehensive as far as texts at the highest legal level are concerned. This does not preclude other legal stipulations or court rulings that are influential in some national jurisdictions, but these are not included here.

This reference documentation was compiled by systematically collecting information from different sources, notably the country reports fulfilling Article 15(3) of the International Covenant on Economic, Social and Cultural Rights and websites with collections of constitutions. The original source of each document is indicated.

Compilation of constitutional texts with provisions on academic freedom