What is scientific freedom?
Scientific freedom refers in particular to the freedom to choose research topic, the freedom to ask questions, the freedom to choose materials and methods to find the answers, and freedom to publicly present hypotheses, results and reasoning. The scientific freedom at Danish universities follows from Sections 2(2) and 14(6) of the Danish Universities Act.
At the international level, this topic is discussed under the headings of “academic freedom”, ”scientific freedom” and ”research freedom”. A detailed account of the history, reasons and restrictions of scientific freedom is available in the Norwegian report on academic freedom NOU 2006:19 om akademisk frihet. See also Heine Andersen: Forskningsfrihed – ideal og virkelighed (2017).
Justification of scientific freedom
Traditionally, the justification of scientific freedom is based on functionality: It is considered to be the most appropriate framework for the search for – and dissemination of – knowledge and understanding. Scientific freedom is also considered to be an essential prerequisite for research independence and legitimacy.
“The arts and sciences research shall be free of constraint. Academic freedom shall be respected.”
Scientific freedom is incorporated in the Danish University Act, see below. It is also referred to in the European Commission’s European Charter for Researchers.
Boundaries of scientific freedom
The scientific freedom at Danish universities is not unlimited. In particular, research must respect the applicable laws and the norms governing the responsible conduct of research.
When defining the concept of scientific freedom, a distinction is made between the institutional scientific freedom which is linked to the research institution, and the individual scientific freedom, which is linked to the individual academic staff member. This is dicussed in more detail below.
Scientific freedom at Danish universities
Institutional scientific freedom
According to section 2(2) of the Danish University Act, the university has scientific freedom which the university should uphold. The legislature has thus wanted to emphasise that the Danish universities have academic autonomy, and that they are independent of special interests, cf. the notes to the University Act (Bill No. 125 of 15 January 2003).
Until recently, the institutionalised freedom of research at Danish universities was governed by the so-called development contracts which are a non-legally binding agreement on the universities’ strategic development during the contract period which is typically valid for 3 or 4 years.
The purpose of the development contracts was to promote the universities’ strategic development and support universities in this endeavour. Following an amendment to the Danish University Act of 2011, the development contract was expected to contain 3 or 5 goals which the Minister imposes on the university (”mandatory goals”) and 3 or 5 goals selected by the university itself (”elective goals”). For more information about these development contracts, please refer to the notes to Bill No. 43 of 10 February 2011 (up to #10).
An amendment to the Danish University Act in 2017 (Act no. 699 of 8 June, 2017) replaced these development contracts by so-called strategic framework agreements which must include strategic goals for the university’s tasks in accordance with section 2 of the Danish University Act.
The following is stated in the preparatory work of the 2017 Act:
”The strategic framework agreements must be specific to the individual institutions and contain the strategic goals for the university’s core tasks based on challenges of the individual university.
All goals shall be formulated in close dialogue between the university and the Minister.
The current distinction between mandatory and elective goals is thus nullified.
ith the proposed system, the strategic framework agreement will in future include the strategic goals for the tasks of the universities targeted the specific challenges of the individual university. Both the university and the Minister may initiate a renegotiation of the strategic goals, for example if the financial situation of the university changes significantly in relation to the original assumptions, or if new challenges mean that it would be appropriate to change the strategic goals of the framework agreement. Changes to the Agreement shall be subject to agreement between the Board and the Minister.
The bill does not stipulate any fixed duration of strategic framework agreements, but as a general rule the contract period will be 4 years. The Board has overall responsibility for ensuring the strategic framework agreement as a key management tool that interacts with the university’s overall strategy. The Board has overall the responsibility for ensuring that the goals of the agreement are met and the Chairman participates as the strategic partner in both the negotiation and ongoing follow-up on goals and results, and the Chairman must ensure overall integration between the framework agreement and the university’s strategic plans in general”.
Individual scientific freedom
According to section 2(2) of the Danish University Act the university must defend and uphold ”the scientific freedom of the individual researcher”, just as the university “must encourage its staff to take part in public debate”:
”As society’s central repository of culture and knowledge, the university must exchange knowledge and competences with the society it belongs to and encourage its staff to take part in public debate”. (Section 2(3), nos. 3 and 4.)
The individual scientific freedom was described as follows in the preparatory work for the 2003 University Act (see comments to the introduction (re. section 17(2)) of Bill No. 125 of 15 January 2003):
”The individual researcher enjoys freedom of research within the academic field of his/her employment, although bound by the obligations arising out of the employment.
The individual researcher can thus freely choose methodology, approach and subject within the bounds of the research strategies of the university as laid down in the performance contract”..”
The individual scientific freedom was not mentioned directly in the 2003 University Act. An amendment adopted in 2011 incorporated the individual scientific freedom explicitly into section 2(2) of the University Act and introduced the following provision in section 14(6) of the University Act:
”The rector may direct staff members to perform specific tasks or functions. Academic staff enjoy freedom of research and, within the bounds of the university’s research strategy, are free to perform independent research when not performing work assigned by management. The framework of the university’s research strategy applies to the entirety of the university. Academic staff may not be directed to perform specific tasks which require the entirety of their working hours over long periods of time, which would in essence deprive them of their freedom of research.”
The following appears from the explanatory notes to this provision:
”The amendment of the wording ”freedom of research” to the provision for individual freedom of research pertains to section 6. At the same time the wording is reorganised in order to emphasise that the premise is free research. Academic staff may continue to research freely during the time where they have not been directed to perform specific tasks. This means that they can choose topic, methodology and practice within the framework of the university’s research strategies. The Bill introduces an amendment so that the framework of the research strategy applies to the entire university.
The amendment also stipulates that the rector, or a duly assigned person, may not direct academic staff to perform specific tasks which require the entirety of their working hours over long periods of time, which would in essence deprive them of their freedom of research.
Time to conduct free research must also be ensured when performing research-based public sector services and assigned tasks. However, it is not possible to clearly define the extent of time for free research, as it will vary over time dependent on area and researcher. Thus it may well be that a researcher has less time for free research during a period of performing research-based public sector services or assigned tasks than during other periods.”
The individual scientific freedom entails, among others, extensive freedom of expression for researchers.
The actual extent of scientific freedom is mainly determined by a mix of formal and informal rules, funding, management practices and institutional framework, cf. The Royal Danish Academy of Sciences and Letters, Forsknings- og ytringsfrihed på universiteterne (Annual Research Policy Meeting 2007), page 6, and more generally NOU 2006:19.
Research-based consultancy and public sector services
Under Article 14(6) of the Danish Universities Act, Danish universities must safeguard the scientific freedom of all of their researchers, including those providing public sector services. You can read more about this at
- The Royal Danish Academy of Sciences and Letters, ”Research and freedom of speech in universities (Annual Political Research Meeting 2007)
- The University of Copenhagen’s Code of good scientific practice in research collaborations with external partners
- The Practice Committee of the University of Copenhagen’s report on academic freedom in relation to sector research/consultancy for the Public Sector (in Danish (January 2007)
- Det Nationale Forsknings- og Analysecenter for Velværd (VIVE): Undersøgelse af forskningsfrihed i forhold til offentliggørelse på Aarhus Universitet (2018)
Scientific freedom at other Danish research institutions
The Danish Institute for Human Rights – Denmark’s National Human Rights Institution.
The Act supporting this institute contains the following provisions on scientific freedom:
”(5) The institution has freedom of research.
(6) The academic staff of the institution enjoy freedom or research and, within the bounds of the institution’s research strategy, are free to perform independent research when not performing work assigned by others.”
The explanatory notes to these provisions set out that :
”It is proposed that sections 4 and 5 be amended to clarify that the Danish Institute for Human Rights – Denmark’s National Human Rights Institution as an institution has freedom of research and that individual research staff members have academic freedom within the framework of the institution’s research strategies during such time where other tasks are not assigned to them. The clarification is made by the inclusion of provisions in line with the provisions on freedom of research under the University Act. It is assumed that the institution specifies the definition of research and related freedom of research for academic staff, cf. section 5, as well as what is meant by ‘other tasks’.”
Danish Institute for International Studies (DIIS)
The Act on the Danish Institute for International Studies (DIIS) contains no rules on academic freedom. However, from the travaux préparatoires (see section 3.1 of the comments), the following appears:
“In line with existing contracts between universities and the Ministry of Research, Innovation and Higher Education, the contract shall respect the Institute’s basic academic freedom and free choice of methods.”