freedom. The Committee wishes to emphasize, however, that staff and students
throughout the education sector are entitled to academic freedom and many of the
following observations have general application.
39.
Members of the academic community, individually or collectively, are free to
pursue, develop and transmit knowledge and ideas, through research, teaching, study,
discussion, documentation, production, creation or writing. Academic freedom
includes the liberty of individuals to express freely opinions about the institution or
system in which they work, to fulfil their functions without discrimination or fear of
repression by the State or any other actor, to participate in professional or
representative academic bodies, and to enjoy all the internationally recognized human
rights applicable to other individuals in the same jurisdiction. The enjoyment of
academic freedom carries with it obligations, such as the duty to respect the academic
freedom of others, to ensure the fair discussion of contrary views, and to treat all
without discrimination on any of the prohibited grounds.
40.
The enjoyment of academic freedom requires the autonomy of institutions of
higher education. Autonomy is that degree of self-governance necessary for effective
decision-making by institutions of higher education in relation to their academic
work, standards, management and related activities. Self-governance, however, must
be consistent with systems of public accountability, especially in respect of funding
provided by the State. Given the substantial public investments made in higher
education, an appropriate balance has to be struck between institutional autonomy and
accountability. While there is no single model, institutional arrangements should be
fair, just and equitable, and as transparent and participatory as possible.
Discipline in schools 17
41.
In the Committee’s view, corporal punishment is inconsistent with the
fundamental guiding principle of international human rights law enshrined in the
Preambles to the Universal Declaration of Human Rights and both Covenants: the
dignity of the individual. 18 Other aspects of school discipline may also be
inconsistent with human dignity, such as public humiliation. Nor should any form of
discipline breach other rights under the Covenant, such as the right to food. A State
party is required to take measures to ensure that discipline which is inconsistent with
the Covenant does not occur in any public or private educational institution within its
jurisdiction. The Committee welcomes initiatives taken by some States parties
which actively encourage schools to introduce “positive”, non-violent approaches to
school discipline.
17
In formulating this paragraph, the Committee has taken note of the practice evolving elsewhere in
the international human rights system, such as the interpretation given by the Committee on the Rights
of the Child to article 28 (2) of the Convention on the Rights of the Child, as well as the Human Rights
Committee’s interpretation of article 7 of ICCPR.
18
The Committee notes that, although it is absent from article 26 (2) of the Declaration, the drafters of
ICESCR expressly included the dignity of the human personality as one of the mandatory objectives to
which all education is to be directed (art. 13 (1)).