| Abstract [eng] |
This Master's thesis examines the concept of academic freedom and its limits in the human rights context in international law, as well as in Lithuanian law. It also reviews the relevant case law of the European Court of Human Rights and draws conclusions on the limits of academic freedom. The position of the academic community in the legal doctrine on the limits of academic freedom is examined, and a definition of the abuse of this freedom that violates human rights is provided. It provides a comprehensive historical overview of abuses of academic freedom and their consequences in an unequal regulatory environment of academic freedom and human rights protection, examining cases of eugenics, scientific racism and academic indifference in Nazi Germany, and focuses on the first attempts to identify and combat human rights abuses of academic freedom. The contemporary relevance of the topic is explored in later chapters, providing examples of modern anti-Semitism in academia, analysing the case of David Irving and the use of Holocaust denial as an example of the transgression of the limits of academic freedom. At the same time, an example of politically motivated abuse of this freedom is presented by examining Holodomor denial in Russian academia. Reflections are given on the complexity and uniqueness of academic freedom in the application of limits relevant to freedom of expression and how abuses of academic freedom are responded to in both democratic and non-democratic societies. It concludes with arguments and counter-arguments in favour of the limits and enforcement of limits to academic freedom, and offers suggestions on how to reduce cases of abuse of this freedom. |
