Defending Academic Freedom Before the European Court of Human Rights

Academic freedom as a human right is often presented as a special case of freedom of expression. With a view to affording academic freedom the ‘full protection human rights law’ in Europe this chapter locates academic freedom as an individual right anchored in individual autonomy and situated within an enabling institutional and collegiate context. It demonstrates that European case law already contains building blocks for the protection to academic freedom along these lines. The chapter argues that the uninhibited creative and critical inquiry that is at the core of academic freedom is indispensable for self-government in a democratic society. It presents the premises for a more robust protection as a human right in Europe in a post-(il)liberal era along these lines.