The right to academic freedom in South African schools

Abstract

The right to academic freedom is a contested one, often held to exist only in the context of tertiary education. However, the South African Constitution imposes no such restriction: Section 16(1)(d) declares that everyone has the right to academic freedom. This article presents and seeks to substantiate the case for the application of academic freedom in the school context, and specifically within secondary education. Freedom of expression, which includes academic freedom, may be said to be a freedom without which other freedoms could not survive. The specific element of expression, the right of the individual learner and educator to academic freedom within the school context, and the question of whether such academic freedom of learners and educators can be limited, comprise the focus of this article.