The right to freedom of thought in the United Kingdom

Book chapter


Shiner, B. 2025. The right to freedom of thought in the United Kingdom. in: Shiner, B. and O'Callaghan, P. (ed.) The Cambridge Handbook for the Right to Freedom of Thought Cambridge University Press (CUP). pp. 135-151
Chapter titleThe right to freedom of thought in the United Kingdom
AuthorsShiner, B.
Abstract

The Human Rights Act incorporates Article 9 of the European Convention of Human Rights guaranteeing the right to freedom of thought. Yet, in the absence of any guidance from the European Court of Human Rights and in line with the UK’s legal traditions, the right is protected in a piecemeal fashion akin to liberty and non-interference rather than the positive obligatory rights-based approach. As such, this chapter considers whether the right to freedom of thought exists in the common law. Finding that it does exist but that there is no certainty on its content, scope, or application, it is argued that this does not prevent the courts from determining the right under the common law. Attention is given to legal jurists and philosophers, as well as certain historical developments, which have influenced the UK’s development and protection of the right. The right to freedom of thought, like speech, is the liberty to speak truth to power, to dissent, and to organise an alternative form of governance. Contemporary legislation appears to acknowledge the forum internum (the inner realm of the mind) as a subject necessitating protection, albeit, not under the label of human rights.

Sustainable Development Goals16 Peace, justice and strong institutions
Middlesex University ThemeSustainability
Page range135-151
Book titleThe Cambridge Handbook for the Right to Freedom of Thought
EditorsShiner, B. and O'Callaghan, P.
PublisherCambridge University Press (CUP)
ISBN
Hardcover9781009539647
Electronic9781009539616
Electronic9781009539623
Publication dates
Online06 Mar 2025
PrintMar 2025
Publication process dates
Accepted30 Apr 2024
Deposited17 Mar 2025
Output statusPublished
Digital Object Identifier (DOI)https://doi.org/10.1017/9781009539616.015
Related Output
Is part ofThe Cambridge Handbook for the Right to Freedom of Thought
Is part ofhttps://www.cambridge.org/gb/universitypress/subjects/law/human-rights/cambridge-handbook-right-freedom-thought?format=HB
Is part ofhttps://doi.org/10.1017/9781009539616
Permalink -

https://repository.mdx.ac.uk/item/11z167

  • 20
    total views
  • 0
    total downloads
  • 0
    views this month
  • 0
    downloads this month

Export as

Related outputs

The right to freedom of thought under the American Convention on Human Rights
Shiner, B. and Colnago, C. 2025. The right to freedom of thought under the American Convention on Human Rights. in: Shiner, B. and O'Callaghan, P. (ed.) The Cambridge Handbook for the Right to Freedom of Thought Cambridge University Press (CUP). pp. 288-303
Privacy 6.0: privacy as mental integrity
Shiner, B. and O'Callaghan, P 2025. Privacy 6.0: privacy as mental integrity. in: Blitz, M.J. and Bublitz, J.C. (ed.) The Law and Ethics of Freedom of Thought, Volume 2 Palgrave Macmillan.
The right to freedom of thought: an interdisciplinary analysis of the UN special rapporteur’s report on freedom of thought
O'Callaghan, P., Cronin, O., Kelly, B., Shiner, B., Walmsley, J. and McCarthy-Jones, S. 2024. The right to freedom of thought: an interdisciplinary analysis of the UN special rapporteur’s report on freedom of thought. The International Journal of Human Rights. 28 (1), pp. 1-23. https://doi.org/10.1080/13642987.2023.2227100
Ministry of Defence impunity: the Overseas Operations (Service Personnel and Veterans) Act 2021
Shiner, B. and Chowdhury, T. 2022. Ministry of Defence impunity: the Overseas Operations (Service Personnel and Veterans) Act 2021. Public Law. 2022 (Apr), pp. 289-310.
A distinct right to freedom of thought in South America: The Jurisprudence of the Inter-American Court of Human Rights, Neurotechnology and the application of Bioethics principles
Colnago, C. and Shiner, B. 2021. A distinct right to freedom of thought in South America: The Jurisprudence of the Inter-American Court of Human Rights, Neurotechnology and the application of Bioethics principles. European Journal of Comparative Law and Governance. 8 (2-3), pp. 245-270. https://doi.org/10.1163/22134514-bja10023
Introduction to a comparative study of the right to freedom of thought
Shiner, B. and O'Callaghan, P. 2021. Introduction to a comparative study of the right to freedom of thought. European Journal of Comparative Law and Governance. 8 (2-3), pp. 107-111. https://doi.org/10.1163/22134514-bja10018
The right to freedom of thought in the European Convention on Human Rights
O'Callaghan, P. and Shiner, B. 2021. The right to freedom of thought in the European Convention on Human Rights. European Journal of Comparative Law and Governance. 8 (2-3), pp. 112-145. https://doi.org/10.1163/22134514-bja10016
Big data, small law: how gaps in regulation are affecting political campaigning methods and the need for fundamental reform
Shiner, B. 2019. Big data, small law: how gaps in regulation are affecting political campaigning methods and the need for fundamental reform. Public Law. 2019 (2), pp. 362-379.