The right to freedom of thought: an interdisciplinary analysis of the UN special rapporteur’s report on freedom of thought

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.

© 2023 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group
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