The right to freedom of thought: an interdisciplinary analysis of the UN special rapporteur’s report on freedom of thought
Article
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
Type | Article |
---|---|
Title | The right to freedom of thought: an interdisciplinary analysis of the UN special rapporteur’s report on freedom of thought |
Authors | O'Callaghan, P., Cronin, O., Kelly, B., Shiner, B., Walmsley, J. and McCarthy-Jones, S. |
Abstract | In 2021, the United Nations Special Rapporteur on Freedom of Religion or Belief presented his ‘Report on Freedom of Thought’ to the United Nations General Assembly. This was the first substantive consideration of the right to freedom of thought at the level of the United Nations since the right was recognised in 1948. This paper provides interdisciplinary reflections on this report to support the ongoing discussion on the appropriate content and scope of this fundamental human right. We begin by addressing potential reasons for the historical neglect of this right, namely that the right has been viewed as more symbolic than practical and that relevant interests are already protected by other rights. Next, given there is no consensus on what the right to freedom of thought protects, or how it protects, we consider the potential attributes of the right. We then turn to a consideration of potential violations of the right to freedom of thought, turning to its application to the field of mental health. Finally, we consider the Special Rapporteur’s recommendations, discussing how some of these may be realised through human rights-centered regulation in the form of the European Union’s new Digital Services Act. In this context, we also briefly consider relevant aspects of the EU Commission’s proposal for an AI Act. We conclude by outlining what we see to be the pressing challenges facing the development of this right. |
Keywords | Freedom; thinking; thought; human rights; moral panic; philosophy |
Sustainable Development Goals | 16 Peace, justice and strong institutions |
Publisher | Taylor & Francis (Routledge) |
Journal | The International Journal of Human Rights |
ISSN | 1364-2987 |
Electronic | 1744-053X |
Publication dates | |
Online | 29 Jun 2023 |
02 Jan 2024 | |
Publication process dates | |
Submitted | 08 Feb 2023 |
Accepted | 09 Jun 2023 |
Deposited | 14 Jun 2023 |
Output status | Published |
Publisher's version | License File Access Level Open |
Accepted author manuscript | File Access Level Restricted |
Copyright Statement | © 2023 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group |
Digital Object Identifier (DOI) | https://doi.org/10.1080/13642987.2023.2227100 |
Language | English |
https://repository.mdx.ac.uk/item/8q692
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Publisher's version
O'Callaghan etal-2024-The right to freedom of thought.pdf | ||
License: CC BY-NC-ND 4.0 | ||
File access level: Open |
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