University of Montpellier Charter on Academic Freedom
On February 3, 2025, the members of the Board of Trustees approved the University of Montpellier’s charter on academic freedom.
Preamble: Fundamental Principles1
Freedom of expression is generally protected by Article 11 of the 1789 Declaration of the Rights of Man and of the Citizen, Article 10 of the European Convention on Human Rights, Article 11 of the Charter of Fundamental Rights of the European Union, and Article 19 of the 1948 Universal Declaration of Human Rights.
Freedom of expression is also specifically protected for Professors, teachers, and researchers.
It stems from academic freedom—a guarantee of independence—which lies at the heart of the duties of Professors, instructors, and researchers, pursuant to Articles L.952-2 of the Education Code and L.411-1 of the Research Code.
Under Article L.952-2 of the Education Code, Professors, teachers, and researchers enjoy full independence and complete freedom of expression in the performance of their teaching duties and research activities, subject to the constraints imposed by the principles of tolerance and objectivity, in accordance with academic traditions and the provisions of this Code.”
"Academic freedom is the cornerstone of excellence in French higher education and research. It is exercised in accordance with the constitutional principle of Professors independence."
Academic freedom is described by the Constitutional Council as a fundamental principle recognized by the laws of the Republic2 and by the Council of State3.
Section 1: Protection of Academic Freedom by the University of Montpellier
Article 1. Academic freedom is defined as“the freedom to think and teach under the auspices of the State, but with complete independence”4.
Article 2. Academic freedom requires a high degree of protection, as the expression of opinions by Professors, instructors, and researchers, as well as their contributions to scientific debates and controversies, serve the public interest.
Article 3. The University of Montpellier is committed to academic freedom, both in its exercise and its protection, at the individual and collective levels.
Article 4. The University of Montpellier generally protects the Professors, instructors, and researchers it employs in the exercise of their academic freedom by adopting proportionate measures when necessary.
Article 5. The University of Montpellier shall, in particular, protect the Professors, instructors, and researchers it employs when they are targeted in“gagginglawsuits”5, by granting functional protection pursuant to Articles L.134-4 and L.134-5 of the General Civil Service Code, provided that the conditions set forth in those provisions are met.
Article 6. The University of Montpellier protects the Professors, instructors, and researchers it employs when they act as whistleblowers, that is, if they meet the conditions set forth in Law No. 2016-1691 of December 9, 2016, on transparency, the fight against corruption, and the modernization of economic life, and in Law No. 2022-401 of March 21, 2022, aimed at improving the protection of whistleblowers.
Section 2: Conditions for the Exercise of Academic Freedom by Professors, Instructors, and Researchers
Article 7. Academic freedom guarantees Professors, instructors, and researchers the opportunity to engage in free scientific, creative, and critical inquiry in the fields of research and teaching.
Article 8. Academic freedom, as it pertains to research, encompasses the freedom to conduct scientific research, the freedom to publish research findings, the freedom to promote scientific literacy, the freedom to apply research findings, and the freedom of public expression within the academic setting.
Article 9. Academic freedom also includes pedagogical and teaching freedom and is understood to mean the freedom to choose educational materials, methods, and practices, in accordance with applicable standards and practices.
Article 10. Academic freedom means that Professors, instructors, and researchers may carry out their teaching and research activities freely and without threat or pressure, whether from public or private sources, in any form whatsoever.
Article 11. Academic freedom encompasses the right of Professors, instructors, and researchers to choose to work freely on topics they deem relevant, in accordance with established standards and practices, in order to promote the dissemination of scientific information, culture, and knowledge.
Article 12. The exercise of academic freedom requiresProfessor, instructors, and researchers to adopt an ethical and responsible approach in all aspects of their work (including research, teaching, and the dissemination of scientific knowledge).
Article 13. The exercise of academic freedom, understood as the freedom to express a “belief, opinion, or theoretical position expressed in an academically appropriatemanner”6, requiresProfessor, instructors, and researchers to respect the principles of discretion, tolerance, and objectivity. Thus, the exercise of academic freedom does not mean that they may make any statement, particularly by knowingly disseminating falsehoods or inaccurate or erroneous information, at the risk of harming the image and reputation of the institution to which they belong. In such cases, they are not entitled to functional protection and may face disciplinary action or even legal proceedings.
Article 14. The exercise of academic freedom does not exemptProfessor, instructors, and researchers from complying with the obligation of neutrality under the conditions set forth for public officials in Article L.121-2 of the General Civil Service Code, in their activities that do not pertain to teaching and research (including administrative duties and recruitment procedures).
Article 15. Pursuant to the 1997 UNESCO Recommendation concerning the Status of Higher Education Teaching Personnel and the National Code of Ethics for Research Professions, Professors, instructors, and researchers employed by the University of Montpellier who express themselves publicly in the context of their teaching or research activities, regardless of the medium of communication—including in the media and on social media—must reflect, in an appropriate and detailed manner:
- how to present oneself without misleading the public;
- to specify whether they are speaking on behalf of the University of Montpellier or in a personal capacity;
- to specify whether they are speaking in their capacity as experts in their respective fields;
- to specify that they are speaking in a personal capacity and not as employees of the University of Montpellier if their comments fall outside the scope of their professional expertise and specialization;
- to disclose any potential conflicts of interest;
- to put their position and opinion into perspective alongside other opinions, whether similar or contrary, in order to ensure the objectivity of scientific debate and knowledge (pursuant to Articles L.952-2 and L.141-6 of the Education Code);
- to refrain from making insulting or defamatory remarks, whether among colleagues or toward individuals outside the University of Montpellier;
- to comply with the legal framework governing freedom of expression, which applies to all citizens, when making statements in a personal capacity outside the scope of their professional expertise and areas of competence. Indeed, such statements cannot be covered by academic freedom of expression.
- All terms used in this text refer to both women and men. ↩︎
- Decisions No. 83-165 of January 20, 1984, and No. 2010-20/21 QPC of August 6, 2010. ↩︎
- Decision 4/1 SSR of May 29, 1992, 67622. ↩︎
- O. Beaud, Knowledge in Danger: Threats to Academic Freedom, PUF , 2021 ↩︎
- This refers to the manipulation of the justice system by an individual or an institution, aimed at preventing or punishing the expression of an opinion deemed harmful to them, particularly by involving the person expressing that opinion in costly legal proceedings in order to intimidate them or force them into silence. These proceedings undermine public discourse; see Directive (EU) 2024/1069 of April 11, 2024, on the protection of persons participating in public debate against manifestly unfounded legal claims or abusive legal proceedings; see also, L. Gay,Gagging Proceedings: A Threat to Democracy? The State of the Law ( Part1), Légipresse 2023, 209. ↩︎
- Report: " Challenges to Academic Freedom as a Fundamental Right," League of European Research Universities (LERU), 2023. ↩︎
