The concept of ‘academic freedom’ was first written into law in 1986, says Peter Kwikkers. “Before that, it was a principle. Or an unwritten rule at best.” And in 1992 the concept nearly disappeared from the law again.
At the time, Kwikkers was a civil servant at the Ministry of Education, Culture and Science. Education law was due for an overhaul, and a new Higher Education and Research Act (WHW) was in the pipeline. Kwikkers was put in charge of the project.
Back then, the CDA questioned why academic freedom had been left out. “We simply didn’t think it was necessary and the Act needed to be more concise”, Kwikkers recalls. “But that proved hard to explain. So we put it back in, ensuring it also covered universities of applied sciences.”
So, they did it basically to stop the complaining. Not because the minister at the time, Kwikkers himself or any of his colleagues were truly worried about academic freedom. But the world has changed since then.
Books banned
”What’shappening in the United States is deeply concerning”, says Kwikkers. “Access to education is being curtailed, financial sanctions are being imposed and books are even being banned.It shows how easily academic freedom can be dismantled.”
That is why academic freedom also needs stronger protection in the Netherlands, he believes. On his own initiative he started writing a book: Uitzicht op academische vrijheid – een conceptueel recht (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 on it held by various figures in politics, education and science. He also makes concrete proposals for embedding academic freedom in legislation. “Because that freedom can be snuffed out surprisingly quickly.”
Avoid defining it too rigidly
Loosely speaking, academic freedom means the freedom to research and teach what you want at your own discretion. You can follow your curiosity. This comes with a responsibility to remain open to criticism of your methods and findings.
But beyond that, Kwikkers believes academic freedom shouldn’t be defined too rigidly – precisely in order to protect it. He argues that the stricter the definition, the less actually qualifies as academic freedom.
You can, however, explain how it differs from other freedoms. According to Kwikkers, academic freedom shouldn’t be confused with freedom of expression or the freedom to protest (because an opinion or political position doesn’t have to be academically substantiated). Institutional autonomy and scientific integrity don’t completely overlap with academic freedom, either,though they are linked.
”From a legal perspective, it’s an individual right, a protection enjoyed by students, researchers and lecturers,” says Kwikkers. “Yet it’s a protection that benefits society as a whole.”
In his view, academic freedom is by definition restricted. You don’t always have control over how or how fast you study, and PhD topics are typically not entirely up the candidate.And the list goes on, says Kwikkers: “Research programmes are set collectively within a department, but doing so inevitably reduces individual academic freedom.”
Oath
So how do you protect a freedom that is under constant pressure? For one thing, suggests Kwikkers, with an oath taken at graduation or PhD completion. In his book he proposes a draft text: “I, student/lecturer/researcher, will safeguard, respect and defend everyone’s academic freedom and safeguard the quality of education and science…” And more besides.
Of course, people can break their oath, just as doctors can break the Hippocratic oath. But an oath sets the tone, Kwikkers believes. “You shouldn’t only consider how to prevent a violation of academic freedom with a legislative text, but also how to make everyone aware of the value of this freedom.”
Press freedom
That is also why press freedom within higher education institutions should be legally enforced, he argues. In the past he found it embarrassing to suggest such a thing – surely every self-respecting administrator wants such a publication within their institution? – but several incidents involving censorship and intimidation have caused him to change his mind.
“It is time to throw out that lifeline, if only because an independent in-house publication can – and must – help safeguard academic freedom and strengthen it where necessary”, his book states. Smaller institutions could collectively support a medium if necessary, but the key point is that it must be there.
After all, such news media are important for open debate within an institution. What’s more, journalists can hold administrators accountable if they restrict academic freedom.
Legal texts
Kwikkers has formulated several potential new legal provisions. Not only the Higher Education and Research Act but also the Dutch Constitution could use an amendment, he believes. Article 7 on freedom of expression should be given a new first paragraph: “Thoughts and feelings are free. Education and the practice of the arts and sciences are free. Academic freedom is inalienable.”
The new government emphasizes freedom throughout the coalition agreement, yet it makes no reference to academic freedom. Nevertheless, it is certain to feature in discussions during the forthcoming term of government.
The previous government, after all, was concerned about academic freedom. It had already fallen when the Minister of Education asked the Royal Netherlands Academy of Arts and Sciences (KNAW) for advice: does academic freedom currently enjoy sufficient protection under Dutch law?
The answer is no, says Kwikkers. And this also shows in small ways. At present (“because of a blunder”) academic freedom has disappeared from the law for the Royal Library, the KNAW and non-publicly funded higher education institutions. That must in any case be corrected, Kwikkers believes.
Yet whatever the KNAW advises, it will not make his book redundant, he thinks. “It isn’t meant just for politicians and lawyers – it’s for anyone who comes into contact with this freedom. Academic freedom also needs to be protected in education and examination regulations and when developing systems of participation.”