This blog post is published as part of the second symposium honouring the career of Professor Elina Pirjatanniemi. Read more here.
Elina Pirjatanniemi is and has been during her whole career a humble servant of the academic ideals and core values. In her work as a legal scholar, she has overcome disciplinary boundaries and handled methodological challenges with elegance and a sharp mind. It is a great honor for me to celebrate her birthday with this short reflection relating to academic freedom. I look forward to future collaborations and inspiring discussions with the ever so generous Elina!
Academic freedom and its legal implications have been at the center of public debate and discussion between legal scholars the last couple of years. In public debate the last decade we have seen a turn towards questioning the free word as communicated in media and in education. The rule of law and the position of the courts have further been attacked in ways we have not seen for decades. Seldomly there are any explanations as to why the democratic foundations of society should be attacked nor why the rule of law should be controlled or cease to be independent.
Academic freedom is an intriguing phenomenon in this contemporary societal climate. It is both individual and collective. It is based upon values characteristic to academia that today can seem rather exotic; search for the truth, the primacy of the best argument, openness, meritocracy. All activities and all perspectives and opinions should be based on science. Pluralism is a good thing; in seminars, the discussions should be open to many scientific perspectives so that the discussions can be critical and ensure that questions are raised. Not just in the seminar there is quality assessments by peers, this is also done when research is published and when appointments are done. Critical and sometimes seemingly uncomfortable questions are seen as an asset in the service of research and its quest for truth. These views have developed over centuries and are something that everyone in academia need to live. Everyday.
Academia in its various forms (universities and higher education institutes for example) should be constructed so that students and teachers can leave academia and academic freedom in the best way possible to realise their respective duties and freedoms. The core of academic freedom is comprised of freedom to research, freedom to teach and freedom to learn.[1] This includes the above mentioned pluralism and means of ensuring pluralism on a scientific basis. But this core needs other dimensions in order to be fully realized for the individual researcher; freedom to spread knowledge and opinions internally and externally, collegiality, secure employment, functioning institutional autonomy and foreseeable financial conditions. All this, the core and the conditions surrounding the core, are of course placed in an institutional and political context. If one of the freedoms or rights included in the core is put aside or limited, the academic freedom is directly limited. If one of the surrounding conditions for academic freedom is not in place, it does not necessarily mean that the academic freedom is infringed upon. But without these factors it would be harder to prevent limitations of academic freedom.[2]
In national, European and international law steps have been taken to shed new light on academic freedom and its legal construction. As academic freedom is exercised and realized by both individuals, groups and institutions the protection of it needs to be handled in different legal documents, of different hierarchical value. This is seen in international as well as in national law. In some constitutions academic freedom in itself is protected, in others a wide and generous protection for the freedom of expression is more emphasised. In some constitutions the institutional protection is underlined whereas others do not give any specific position for institutions of higher education and research. In human rights law, academic freedom is often expressed as soft law albeit the fact that several internationally regulated human rights are part of and crucial for the realization of academic freedom (freedom of speech, freedom of opinion, freedom of information, cultural rights, right to education, etc.). As a human right, it is difficult to include the importance of the institutions hosting the activities of academic freedom. As a human right, it is difficult to include and express the importance of lived academia that should respect normative core values that are not in themselves law but the practice of lived academia since centuries. Nevertheless, in both national and international law, the responsibility of states and national authorities to refrain from limiting the autonomy of both the individual and institutional academic freedom is not a burden too heavy to bare. It leads in turn to support a well-functioning democracy, stronger fundamental rights, thriving persons receiving education and gaining knowledge, more and stronger innovation and a society ready to handle challenges and future crisis.
[1] Kováts, Gergely & Rónay, Zoltán (2023). How academic freedom is monitored. Overview of methods and procedures, Study, European Parliament, s. IV.
[2] See Inquiry Stärkt skydd för den akademiska friheten, September 2026.
The author had the great honour of being Prof. Elina Pirjatanniemi’s host during the conferment ceremony, when she became Doctor honoris causa at Uppsala University in January 2026.
