Netherlands
David Gómez Gamboa
Associate Professor, Faculty of Law and Political Science, University of Zulia - Research Director of the Latin American Observatory on Academic Freedom, a project of the NGO Aula Abierta
International law remains fragmented and inconsistent in its regulation of academic freedom and state responsibility. David Gómez Gamboa bridges this gap by developing a Latin American approach that draws on the Universal and Inter-American human rights systems, whose legal frameworks, including the Inter-American Principles, provide grounds for enforcement.
Through hermeneutical interpretation of both hard and soft law, the project defines academic freedom as an independent, enabling right closely tied to democracy. It examines this right along four axes: its core attributes, protected subjects, and reach beyond the university; its limitations under interdependent standards relating to expression, education, and assembly; its intersection with non-discrimination within safe classrooms; and the classroom as an open forum against indoctrination.
Combining comparative documentary analysis with case studies of domestic and international law, and drawing on empirical monitoring data from the Latin American Observatory of NGO Aula Abierta, the project traces the evolution of academic freedom advocacy between 2017 and 2027, examining how civil society supports UN and Inter-American bodies. In addressing the lack of effective international sanctions, it advocates for a stronger hermeneutical approach by international bodies to ensure state accountability.
international law; academic freedom; state responsibility; Latin America; human rights systems