E/C.12/1999/10
page 9
Academic freedom and institutional autonomy16
38.
In the light of its examination of numerous States parties’ reports, the Committee has
formed the view that the right to education can only be enjoyed if accompanied by the academic
freedom of staff and students. Accordingly, even though the issue is not explicitly mentioned in
article 13, it is appropriate and necessary for the Committee to make some observations about
academic freedom. The following remarks give particular attention to institutions of higher
education because, in the Committee’s experience, staff and students in higher education are
especially vulnerable to political and other pressures which undermine academic freedom. The
Committee wishes to emphasize, however, that staff and students throughout the education
sector are entitled to academic freedom and many of the following observations have general
application.
39.
Members of the academic community, individually or collectively, are free to pursue,
develop and transmit knowledge and ideas, through research, teaching, study, discussion,
documentation, production, creation or writing. 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 professsional or representative academic bodies, and to enjoy all the internationally
recognized human rights applicable to other individuals in the same jurisdiction. The enjoyment
of academic freedom carries with it obligations, such as the duty to respect the academic
freedom of others, to ensure the fair discussion of contrary views, and to treat all without
discrimination on any of the prohibited grounds.
40.
The enjoyment of academic freedom requires the autonomy of institutions of higher
education. Autonomy is that degree of self-governance necessary for effective decision-making
by institutions of higher education in relation to their academic work, standards, management
and related activities. Self-governance, however, must be consistent with systems of public
accountability, especially in respect of funding provided by the State. Given the substantial
public investments made in higher education, an appropriate balance has to be struck between
institutional autonomy and accountability. While there is no single model, institutional
arrangements should be fair, just and equitable, and as transparent and participatory as possible.
Discipline in schools17
41.
In the Committee’s view, corporal punishment is inconsistent with the fundamental
guiding principle of international human rights law enshrined in the Preambles to the Universal
Declaration of Human Rights and both Covenants: the dignity of the individual.18 Other aspects
of school discipline may also be inconsistent with human dignity, such as public humiliation.
Nor should any form of discipline breach other rights under the Covenant, such as the right to
food. A State party is required to take measures to ensure that discipline which is inconsistent
with the Covenant does not occur in any public or private educational institution within its
jurisdiction. The Committee welcomes initiatives taken by some States parties which actively
encourage schools to introduce “positive”, non-violent approaches to school discipline.