Academic freedom restrictions in the practice of the European Court of Human Rights

Abstract

Academic freedom is one of the cornerstones of the development of society as a whole, as it plays a critical role in scientific research and technologi­cal progress. The importance of academic freedom is also evidenced by its mention in many docu­ments, from the Charter of Fundamental Rights of the European Union to the Magna Carta of Euro­pean Universities. The Council of Europe also de­votes considerable attention to academic freedom. Academic freedom manifests itself in research, teaching, and learning. Among the components of academic freedom, individual researchers also cite the ability to disseminate the results of their research and maintain intellectual property rights over them. Academic freedom is interpreted both as an individual right and as an institutional right, which manifests in their ability to be autonomous and pursue independent policies. In the light of the European Court of Human Rights' practice, academic freedom is a compo­nent of the freedom of expression. Accordingly, restrictions on academic freedom are considered permissible if they meet the general requirements of the three-part test (legality, legitimate aim, proportionality). The European Court of Human Rights analysed these circumstances in sever­al cases concerning academic freedom, including Lombardi Vallauri v. Italy, Sorgug v. Turkey, Khar­lamov v. Russia, Mustafa Erdogan and Others v. Turkey, Ayuso Torres v. Spain, and Kula v. Turkey. The Court's examination of these cases indicates that it recognises the importance of academic free­dom, even in cases where statements are declared offensive, disturbing, or causing outrage (for ex­ample, criticism of the procedure for electing the academic council, judgments of the Constitutional Court, or the Constitution itself). Academic com­munity members should have the opportunity to participate in public discussions within the scope of their activities. When balancing the right to pri­vacy and academic freedom, it is crucial to consid­er additional guarantees that academic communi­ty members possess. In doing so, when restricting academic freedom, national courts should consid­er the so-called "chilling effect” that any sanctions for expressions may have on the overall state of academic freedom in the country.