academic freedom

Document Type : Original Article

Author

10.52547/jlr.2023.222076.1916

Abstract

At first instance Academic freedom is a negative right- freedom providing a defensive shield against intrusion of external authorities and institutions, protects the activities of teachers (with any academic degree) and students of high education institutions (university, academy, school..) in position of teaching, researching and learning of scientific matters. Personal academic freedom may be realized through institutional academic freedom. In other words, in addition to academic freedom of teachers, we can speak of freedom- independence of high education institutions from the hierarchy political and administrative authorities and at the same time, freedom- participation of teachers and academicians in the university affairs that promotes the affirmative or positive aspect of academic freedom. Additionally, providing a job security through security of tenure , recognizing a peculiar employment contract and due process for termination of contract are well known devices for protection of personal academic freedom. Academic freedom consisting in such components is nowadays not an ideal value, but the same as other human rights, is a legal duty on governments and this is a cause of conflict between them. This article is a research in descriptive- analytic method to find importance of academic freedom as a right in statute law and consider possibility of conflict of it with other human rights in different legal systems.

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Articles in Press, Accepted Manuscript
Available Online from 12 March 2023
  • Receive Date: 26 May 2021
  • Revise Date: 21 November 2021
  • Accept Date: 12 March 2023