Following her participation in the public hearing of the Inter-American Court of Human Rights, professor ande member of CAFA Anna Luisa Walter de Santana reflects on current challenges to academic freedom and its key role in protecting democracy in the Americas.
Professor Anna Luisa Walter de Santana, from the Graduate Program in Law at the Pontifical Catholic University of Paraná (PUCPR- Brazil) and a member of the Coalition for Academic Freedom in the Americas (CAFA), took part in the public hearing convened by the Inter-American Court of Human Rights (IACtHR) on March 18, 2026. The hearing was held in the context of an advisory opinion request submitted by the Republic of Guatemala, which seeks to clarify the legal status of democracy within the Inter-American Human Rights System and the obligations of States for its protection. In this interview, Anna examines the place of academic freedom in this debate and warns about the risks it faces in the region.
Could you tell us about the context of your participation in the Inter-American Court hearing?
Anna Luisa Walter de Santana – The Inter-American Court has two main functions: resolving contentious cases and issuing advisory opinions. In the latter, States can raise questions about the interpretation of human rights. In this case, Guatemala asked whether democracy should be understood as a human right or simply as a political system, and what obligations this entails for States.
Following this request, the Court opened a participatory process in which organizations and universities were able to submit written contributions and take part in the public hearing. From PUCPR, through our human rights clinic and other academic spaces, we decided to intervene by emphasizing the protection of academic freedom and university autonomy as essential elements of democracy.
Our aim was to use this opportunity to promote further development of Inter-American standards in this area and to underscore that protecting universities is not a secondary issue, but a condition for democratic functioning.
You point out that academic freedom has been underdeveloped in international law. Why is it urgent to strengthen it today?
Anna Luisa Walter de Santana – It is especially urgent because of the current context. We are experiencing a period of democratic erosion in the region, and universities are often among the first institutions affected. Unlike in the past, when democratic breakdowns were more abrupt, today we see more gradual dynamics that weaken institutions from within.
During certain periods, particularly after the end of military dictatorships in Latin America, there was an assumption that democracy was relatively consolidated. This led to less attention being paid to some issues, including academic freedom. However, what we have learned is that no human right is permanently guaranteed—each one requires constant defense.
Universities, as critical spaces, become strategic targets in these processes. That is why it is necessary to revisit and strengthen this agenda.
You argue that academic freedom goes beyond freedom of expression. What distinguishes it, and how is it related to democracy?
Anna Luisa Walter de Santana – Academic freedom is closely linked to freedom of expression, but it is not limited to it. It is a right with its own content, which includes the production, validation, and transmission of knowledge under conditions of independence.
The university is a space where informed debates are built, based on the best available evidence, and where critical perspectives on social reality are developed. This function is essential for democracy because it enables more qualified public deliberation.
Moreover, it is a right that involves the entire academic community—faculty, students, and researchers—and requires specific conditions for its exercise. That is why it is important to recognize it as an autonomous right: doing so allows for stronger guarantees and more effective protection mechanisms.
In the current context, what are the main risks to academic freedom in the region?
Anna Luisa Walter de Santana – Today, we must pay attention to more subtle forms of erosion. These are not always direct or visible attacks, such as abrupt budget cuts or explicit persecution, although those also occur.
I am particularly concerned about two trends. The first is self-censorship: in highly polarized contexts, many people avoid addressing certain topics to prevent conflict. This transforms the university space, which should instead be a place for open debate.
The second is the delegitimization of universities. When public trust in these institutions is weakened, it becomes easier to attack them, as society no longer perceives their value. This process may be gradual, but it has deep consequences, as it undermines public support for higher education and scientific knowledge.
What do you expect the Inter-American Court to establish in this advisory opinion regarding academic freedom?
Anna Luisa Walter de Santana – First, I hope the Court explicitly recognizes that academic freedom and university autonomy are essential components of democracy and, therefore, subject to international obligations for States.
Second, it would be very important to detail those obligations—what States must concretely do to guarantee this right. This includes, for example, ensuring institutional autonomy, protecting the academic community, and guaranteeing material conditions such as adequate funding.
If the Court moves in this direction, it would represent a very significant development of Inter-American standards and a key contribution to the protection of democracy in the region.
Anna Santana at the Inter-American Court
Anna Luisa Walter de Santana’s full presentation (in Portuguese): Pedido de Opinião Consultiva:
“Democracia e sua proteção pelo Sistema Interamericano de Direitos Humanos”
Anna Luisa Walter de Santana’s full intervention during the public hearing convened by the Inter-American Court of Human Rights (IACtHR) is available online. The session, held on March 18, 2026, brought together experts, civil society organizations, and academic institutions to discuss the protection of democracy within the Inter-American Human Rights System (IAHRS). In her remarks, Santana highlights the central role of academic freedom and university autonomy in safeguarding democratic institutions across the region.