Laws, press freedom and academic oath can protect academic freedom

The term ‘academic freedom’ has only been enshrined in law since 1986, explains Peter Kwikkers. “Before that, it was a principle. Or, at most, an unwritten rule.” And it was a close call; the term could easily have been removed from the law again in 1992.

At the time, Kwikkers was working as a civil servant at the Ministry of Education, Culture and Science. Education legislation needed to be modernised; the Higher Education and Scientific Research Act (WHW) was on the horizon for higher education and scientific research. Kwikkers became the project leader.

At the time, the CDA asked why academic freedom was no longer included. “We simply didn’t think it was necessary, and the law needed to be a bit more concise,” Kwikkers recalls. “But that was actually impossible to explain. So we put it back in anyway. For the universities of applied sciences as well.”

Just to get rid of the nagging, in other words. Not because the then minister, Kwikkers himself or his colleagues were genuinely concerned about academic freedom. But in the meantime, the world has changed.

Books banned
Kwikkers: “What is happening in the US is extremely worrying. They are interfering with access to education, imposing financial penalties and even banning books. So that’s how easy it is to destroy academic freedom.”

So he believes academic freedom needs greater protection in the Netherlands, too. On his own initiative, he has written a book: ‘Prospects for academic freedom – a conceptual right’. It has just come off the press.

Kwikkers outlines the history of the concept of academic freedom and the views of various players in politics, education, and academia. Furthermore, he proposes concrete measures to enshrine academic freedom in law. “Because you can lose that freedom very quickly.”

Not strictly defined

Broadly speaking, academic freedom means that you can research and teach whatever you wish, according to your own judgment. You can follow your curiosity. The accompanying responsibility is that you remain open to criticism of your approach and findings.

But beyond that, according to Kwikkers, academic freedom should not be defined too narrowly, precisely in order to protect it. His view is that the more narrowly you define that freedom, the less it actually encompasses.

You can, however, explain the difference between it and other freedoms. According to Kwikkers, you should not confuse academic freedom with freedom of expression or the freedom to demonstrate (because an opinion or political stance does not need to be academically substantiated). Nor do institutional autonomy and scientific integrity entirely coincide with academic freedom. But they are all related to it.

Kwikkers: “If you look at it from a legal perspective, it concerns an individual right, a protection for students, researchers and lecturers. But it is a protection that benefits society as a whole.”

In his view, academic freedom is, by definition, curtailed. You cannot always choose your own study path or pace, and you usually cannot entirely determine the subject of your PhD research either. And so it goes on, says Kwikkers: “In a department, you determine the research programme collectively, but you must realise that this detracts from individual academic freedom.”

Oath
But can one protect a freedom that is constantly under pressure? Among other things, with an oath upon graduation or obtaining a PhD, suggests Kwikkers. In his book, he makes a commitment: “I, student/lecturer/researcher, will preserve, respect and defend everyone’s academic freedom and safeguard the quality of education and science…” And even more besides.

Of course, people can break their oath, just as doctors can break the Hippocratic Oath. But an oath sets the tone, argues Kwikkers. “You must not only consider how to prevent a violation of academic freedom through legislation, but also how to ensure that the value of this freedom is understood by everyone.”

Freedom of the press
That is why freedom of the press within universities and universities of applied sciences must also be legally enforced, he believes. He used to find it embarrassing to suggest such a thing – surely every self-respecting administrator wants a magazine like that within their institution? – but after several incidents of censorship and intimidation, he has changed his mind.

“It is time to throw out that lifeline, if only because an independent in-house magazine can – and must – help safeguard academic freedom and, where necessary, strengthen it,” he writes in his book. Small institutions can, if necessary, join forces to keep a publication afloat, but it must exist.

Because such news media are important for open debate within an institution. Moreover, journalists can hold administrators to account if they curtail academic freedom.

Legislation
Kwikkers has drafted potential new legislative provisions. He believes that not only the Higher Education and Research Act (WHW), but also the Constitution could do with an amendment. Article 7 on freedom of expression should have a new first paragraph: “Thoughts and feelings are free. Education and the pursuit of the arts and sciences are free. Academic freedom is inalienable.”

The new government talks a lot about freedom in its coalition agreement, but academic freedom is not mentioned. Yet it will also be a topic of discussion during this term of office.

The previous government was concerned about this freedom. It had already come up when the Minister of Education sought advice from the Royal Netherlands Academy of Arts and Sciences: Is academic freedom currently sufficiently protected under Dutch law?

No, says Kwikkers. And that is evident in smaller matters too. At present, (“due to a blunder”), academic freedom has been removed from the law for the Royal Library, the KNAW and the non-state-funded universities of applied sciences and universities. That must be rectified, Kwikkers believes.

But whatever the KNAW advises, it will not render his book superfluous, he believes. “It is not intended solely for politicians and lawyers. It is for everyone who has to do with this freedom. For example, you must also protect academic freedom in the Education and Examination Regulations (OER) and when developing student participation.”