企業的大学運営下の学問の自由保障の一形態

―カナダ・アメリカにおける労働協約―

抄録

 Academic freedom is a universal value that transcends national borders and forms the foundation of free thought, scholarly research, and democratic societies.

 However, since the beginning of the 21st century, violations of academic freedom have proliferated worldwide in both authoritarian and democratic states.

 In April 2024, the United Nations published the “Principles for Implementing the Right to Academic Freedom,” which outlines the principles to protect academic freedom. Accordingly, International efforts are underway to denounce violations of academic freedom and advance its safeguarding.

 International declarations and recommendations, including the 1997 Recommendation of the United Nations Educational, Scientific and Cultural Organization concerning the Status of Higher Education Teaching Personnel, position university autonomy and shared governance as crucial mechanisms. However, the spread of corporate university governance, increase in part-time and fixed-term faculty, and limitations of shared governance that relies on tenure-track faculty have become apparent. The situation in Japan is identical. Therefore, using examples from Canada and the United States, this paper aims to clarify that collective bargaining agreements in higher education serve as a mechanism for safeguarding academic freedom alongside shared governance. Moreover, this study aims to present a new perspective on Japanese higher education research and practice and simultaneously investigate the reason this mechanism has received little attention in Japan.