{"id":196745,"date":"2026-03-16T15:36:04","date_gmt":"2026-03-16T14:36:04","guid":{"rendered":"https:\/\/www.erasmusmagazine.nl\/en\/?p=196745"},"modified":"2026-03-16T15:36:07","modified_gmt":"2026-03-16T14:36:07","slug":"laws-press-freedom-and-an-oath-can-protect-academic-freedom","status":"publish","type":"post","link":"https:\/\/www.erasmusmagazine.nl\/en\/2026\/03\/16\/laws-press-freedom-and-an-oath-can-protect-academic-freedom\/","title":{"rendered":"Laws, press freedom and an oath can protect academic freedom"},"content":{"rendered":"\n

How can academic freedom be protected? One of the architects of the law on higher education, Peter Kwikkers, has written a book about it. He argues that academic freedom should be enshrined in the Constitution.<\/p>\n\n\n\n

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\n\t\n\n<\/svg>\n<\/span>\n\tImage by:<\/span>\n\n\t\t\t\n\t\t\t\t\t\t\tAmi Rinn<\/a>\t\t\t\t\t<\/span>\n\t<\/p>\n<\/figcaption><\/figure>\n\n\n\n

The term \u2018academic freedom\u2019 has only been in the law since 1986, Peter Kwikkers explains. \u201cBefore that it was a principle. Or at most an unwritten rule.\u201d And in 1992 it nearly disappeared from the law again.<\/p>\n\n\n\n

At the time, Kwikkers worked as a civil servant at the Ministry of Education, Culture and Science. Education legislation had to be modernised; the WHW for higher education and scientific research was on the way. Kwikkers became project leader.<\/p>\n\n\n\n

At the time, the CDA asked why academic freedom was no longer included. \u201cWe simply thought it was unnecessary and the law had to become a bit more concise\u201d, Kwikkers recalls. \u201cBut in fact that was hard to explain. So we added it again after all. Also for universities of applied sciences.\u201d<\/p>\n\n\n\n

So it was mainly done to stop the complaints. Not because the minister at the time, Kwikkers himself or his colleagues were really worried about academic freedom. But the world has since changed.<\/p>\n\n\n\n

Books banned<\/h2>\n\n\n\n

Kwikkers: \u201cWhat is happening in the United States is extremely worrying. They interfere with access to education, hand out financial penalties and even ban books. It shows how easy it is to destroy academic freedom.\u201d<\/p>\n\n\n\n

So academic freedom also needs stronger protection in the Netherlands, he believes. On his own initiative he started writing a book: Uitzicht op academische vrijheid \u2013 een conceptueel recht<\/em>. It has just come off the press.<\/p>\n\n\n\n

Kwikkers outlines the history of the concept of academic freedom as well as the views on it of various players in politics, education and science. He also makes concrete proposals for embedding academic freedom in the law. \u201cBecause you can lose that freedom quickly.\u201d<\/p>\n\n\n\n

Not defining it too sharply<\/strong><\/h2>\n\n\n\n

Loosely speaking, academic freedom means that you can research and teach what you want according to your own judgement. You can follow your curiosity. The accompanying responsibility is that you remain open to criticism of your approach and findings.<\/p>\n\n\n\n

But beyond that, according to Kwikkers, you should not define academic freedom too precisely, precisely in order to protect it. His idea: the more sharply you define that freedom, the less will fall under it.<\/p>\n\n\n\n

You can, however, explain how it differs from other freedoms. According to Kwikkers, academic freedom should not be confused with freedom of expression or the freedom to demonstrate (because an opinion or political position does not have to be academically substantiated). Nor do the autonomy of institutions and scientific integrity fully coincide with academic freedom. But they are all related to it.<\/p>\n\n\n\n

Kwikkers: \u201cFrom a legal perspective, it concerns an individual right, a protection for the student, researcher and lecturer. But it is a protection that benefits society as a whole.\u201d<\/p>\n\n\n\n

In his view, academic freedom is by definition restricted. You cannot always choose your own study path or study pace, and usually you also cannot entirely decide the subject of your PhD research yourself. And the list goes on, says Kwikkers: \u201cWithin a department you jointly determine the research programme, but you must realise that this detracts from individual academic freedom.\u201d<\/p>\n\n\n\n

Oath<\/h2>\n\n\n\n

But how do you protect a freedom that is always under pressure? One option is an oath when graduating or obtaining a PhD, Kwikkers suggests. In his book he already proposes one: \u201cI, student\/lecturer\/researcher, will preserve, respect and defend everyone\u2019s academic freedom and safeguard the quality of education and science\u2026\u201d And then more follows.<\/p>\n\n\n\n

Of course people can break their oath, just as doctors can break the Hippocratic oath. But an oath sets the tone, Kwikkers believes. \u201cYou should not only look at how to prevent a violation of academic freedom through legal wording, but also at how to make everyone aware of the value of this freedom.\u201d<\/p>\n\n\n\n

Press freedom<\/h2>\n\n\n\n

For that reason, press freedom within universities and universities of applied sciences should also be enforced by law, he argues. In the past he found it embarrassing to suggest such a thing \u2013 every self-respecting administrator would surely want such a publication within their institution? \u2013 but after several incidents involving censorship and intimidation he has changed his mind.<\/p>\n\n\n\n\t

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Een lijst met artikelen<\/h2>\n\t\t\n\t\t
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