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Academic Freedom, Institutional Autonomy and the Future of Democracy ACADEMIC FREEDOM, INSTITUTIONAL AUTONOMY AND THE FUTURE OF DEMOCRACY AND FREEDOM, INSTITUTIONAL AUTONOMY ACADEMIC ACADEMIC FREEDOM, Academic freedom and institutional autonomy are increasingly important components of the development of democracy. At INSTITUTIONAL AUTONOMY AND the same time, these fundamental democratic values are subject to pressure in many countries. This book demonstrates why academic freedom and institutional autonomy are essential for THE FUTURE OF DEMOCRACY universities to produce the research and teaching necessary to improve society and the human condition. The relationship between academic freedom, institutional autonomy and democracy is fundamental: it is barely conceivable that they could exist in a society not based on democratic principles, and democracy is enriched when higher education institutions operate on this basis. Higher education institutions need to be imbued with democratic culture and that, in turn, helps to promote democratic values in the wider society. None of these issues are simple and the lines between legitimacy and illegitimacy are sometimes hard to discern, as is illustrated by perspectives from Europe, North America, Asia, Australia and the Mediterranean region. PREMS 025620 ENG The Council of Europe is the continent’s leading Council of Europe human rights organisation. It comprises 47 member Higher Education states, including all members of the European Union. All Council of Europe member states have Series No. 24 signed up to the European Convention on Human Rights, a treaty designed to protect human rights, democracy and the rule of law. The European Court of Human Rights oversees the implementation of the Convention in the member states. http://book.coe.int ISBN 978-92-871-9018-5 €34/US$68 ACADEMIC FREEDOM, INSTITUTIONAL AUTONOMY AND THE FUTURE OF DEMOCRACY Sjur Bergan, Tony Gallagher and Ira Harkavy (eds) Council of Europe Higher Education Series No. 24 United Nations Educational, Scientific and Cultural Organization The opinions expressed in this work are the responsibility of the authors and do not necessarily reflect the official policy of the Council of Europe. All rights reserved. No part of this publi- cation may be translated, reproduced or transmitted, in any form or by any means, electronic (CD-Rom, internet, etc.) or mechanical, including photocopying, recording or any information storage or retrieval system, without prior permis- sion in writing from the Directorate of Communication (F-67075 Strasbourg Cedex or [email protected]). Cover design: Documents and Publications Production Department (SPDP), Council of Europe Photos: Istock Layout: Jouve, Paris Council of Europe Publishing F-67075 Strasbourg Cedex http://book.coe.int ISBN 978-92-871-9018-5 ©Council of Europe, April 2020 Printed at the Council of Europe Contents PREFACE 5 A WORD FROM THE EDITORS 7 SETTING THE SCENE ACADEMIC FREEDOM, INSTITUTIONAL AUTONOMY AND THE ENGAGED UNIVERSITY 15 ACADEMIC FREEDOM, UNIVERSITY AUTONOMY AND DEMOCRACY’S FUTURE IN EUROPE 29 ACADEMIC FREEDOM AND INSTITUTIONAL AUTONOMY – WHAT ROLE IN AND FOR THE EHEA? 41 ACADEMIC FREEDOM AND INSTITUTIONAL AUTONOMY: REGIONAL OVERVIEWS DEMOCRACY AND THE PURPOSES OF HIGHER EDUCATION IN THE UNITED STATES 59 ACADEMIC AND SCHOLARLY FREEDOM: TOWARDS A “DISPUTING” UNIVERSITY WITH CRITICALLY ENGAGED STUDENTS 73 PERSPECTIVES ON INSTITUTIONAL AUTONOMY IN A EUROPEAN HIGHER EDUCATION CONTEXT 85 CURBING UNIVERSITY AUTONOMY AND ACADEMIC FREEDOM IN THE NAME OF QUALITY ASSURANCE, ACCOUNTABILITY AND INTERNATIONALISATION IN EAST ASIA 103 ACADEMIC FREEDOM IN THE EUROPEAN UNION: LEGALITIES AND REALITIES 121 ACADEMIC FREEDOM AND INSTITUTIONAL AUTONOMY: VIEWS FROM PUBLIC AUTHORITIES ACADEMIC FREEDOM, INSTITUTIONAL AUTONOMY AND DEMOCRACY: A VIEW FROM THE UNITED STATES 141 INSTITUTIONAL AUTONOMY AND ACADEMIC FREEDOM: THE COMPLEX ROLE OF PUBLIC AUTHORITIES 155 ACADEMIC FREEDOM, INSTITUTIONAL AUTONOMY AND THE FUTURE OF DEMOCRACY: A VIEW FROM UNESCO 163 ACADEMIC FREEDOM AND INSTITUTIONAL AUTONOMY: EXAMPLES AND CHALLENGES 21ST-CENTURY CHALLENGES TO INSTITUTIONAL AUTONOMY AND THE PUBLIC GOOD: AN AMERICAN PERSPECTIVE 169 ACADEMIC FREEDOM AND INSTITUTIONAL AUTONOMY: EXAMPLES AND CHALLENGES 183 ACADEMIC FREEDOM AND INSTITUTIONAL AUTONOMY: WHERE DO WE GO FROM HERE? UNIVERSITY AUTONOMY AND ACADEMIC FREEDOM REVISITED 199 “FREEDOM TO ERR” AS A BEACON FOR PUBLIC POLICIES ON HIGHER EDUCATION AND RESEARCH 213 ACADEMIC FREEDOM, INSTITUTIONAL AUTONOMY AND THE FUTURE OF DEMOCRACY: A VIEW FROM TEACHING PROFESSIONALS 227 ► Page 3 ACADEMIC FREEDOM, INSTITUTIONAL AUTONOMY AND THE FUTURE OF DEMOCRACY: SUGGESTIONS FOR ACTION REFLECTIONS ON THE GLOBAL FORUM AND SUGGESTIONS FOR ACTION 241 DECLARATION ADOPTED BY THE GLOBAL FORUM 251 EDITORS 257 CONTRIBUTORS 259 LIST OF TABLES Perspectives on institutional autonomy in a European higher education context 85 Table 1: Impacts of national higher education governance approaches on selected institutional autonomy aspects 94 Table 2: Autonomy ranking of 29 European higher education systems based on the EUA 2017 Scorecard (Pruvot and Estermann 2017) 97 Curbing university autonomy and academic freedom in the name of quality assurance, accountability and internationalisation in East Asia 103 Table 1. Developmental states in East Asia and neoliberal governance model 108 Table 2. University–state relations in East Asia 109 Academic freedom in the European Union: legalities and realities 121 Table 1. Constitutional protection of freedom of speech and academic freedom 126 Table 2: Legislative protection for freedom of teaching and research 128 Table 3: Level of protection for academic freedom in respondents’ higher education institutions 131 Table 4: Changes in the protection of academic freedom in recent years 132 Table 5: Individual academic freedom for teaching has declined in my institution in recent years 132 Table 6: Individual academic freedom for research has declined in my institution in recent years 133 Table 7: Institutional autonomy has declined in my institution in recent years 133 Table 8: Self-governance has declined in my institution in recent years 133 Table 9: Employment protection for academic staff in my institution has declined in recent years 134 Table 10: Summary table 134 Table 11: Does the university in which you work have an official policy document on academic freedom? 135 Table 12: I would welcome additional information on the constitutional/legislative protection of academic freedom in my nation 135 Table 13: Because of your academic views have you been subjected to bullying by academic colleagues? 136 Table 14: Because of your academic views have you been subjected to psychological pressure by someone in your institution? 136 Table 15: Because of your academic views have you ever practised self-censorship? 136 Page 4 ► Academic freedom, institutional autonomy and the future of democracy Preface s Director General of Democracy, I am proud to present this book on academic A freedom, institutional autonomy and the future of democracy. The topic is at the very heart of the concerns of the Council of Europe. Democracy, human rights and the rule of law cannot become and remain a reality unless higher education institutions, and staff and students, enjoy academic freedom and ins- titutional autonomy. Conversely, we cannot have genuine democracy unless the higher education and research community is able to enquire freely. The Council of Europe has already developed standard-setting instruments on the public responsibility for higher education and research (Recommendation Rec/ CM(2007)6) and on the public responsibility for academic freedom and institu- tional autonomy (Recommendation Rec/CM(2012)7). Our Parliamentary Assembly has also adopted an important recommendation (Recommendation 1762 (2006) on academic freedom and institutional autonomy) and is now preparing another recommendation on the threats to these values. The articles in this book look beyond the role of public authorities to the role of the academic community itself, as does the declaration adopted by the Global Forum. The book includes views from North America, Asia and Europe. This has been possi- ble thanks to our long-standing co-operation with the International Consortium for Higher Education, Civic Responsibility and Democracy, as well as the more recent inclusion of the Organization of American States and the International Association of Universities in this co-operation. This is the 24th volume in our Higher Education Series since it was launched in late 2004. Together, these books consider key issues in European higher education policy and the contribution of higher education to the development of a culture of democracy. That we have published an average of one or two books every year for 15 years is no small achievement. It shows also our strong commitment to safe- guarding and realising genuine democracy. I am grateful to the authors who made this book possible and to its three co-edi- tors, Ira Harkavy, Tony Gallagher and my colleague Sjur Bergan, who initiated our Higher Education Series and has been series editor since the beginning. I wish you much pleasure and food for thought in reading this important book. Snežana Samardžić-Marković Director General of Democracy Council of Europe ► Page 5 A word from the editors Sjur Bergan, Tony Gallagher and Ira Harkavy his book arises from discussion and debate at the Global Forum on Academic Freedom, Institutional Autonomy and the Future of Democracy, held in T Strasbourg in June 2019, which gathered
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