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“enable[s] cultural expressions to flourish within societies”, and the Committee on
Economic, Social and Cultural Rights emphasizes that the right to take part in cultural
life is “intrinsically linked” to freedom of thought. 86 In addition, the Committee
outlines that the right to benefit from scientific progress includes “development of
the critical mind and faculties associated with doing science”. 87 Thus, States must
take positive steps to advance science (development) and to protect and disseminate
scientific knowledge and its applications (conservation and diffusion). 88 States should
also promote research on “biological, mental and social aspects of ageing” and on
“ways of maintaining functional capacities and preventing and delaying the start of
chronic illnesses and disabilities”, 89 including neurodegenerative conditions.
47. The right to health. As mental health has many implications for an individual’s
inner mind, State obligations – negative or positive – to ensure the highest attainable
standard of mental health could affect freedom of thought in various ways. Under the
right to health, positive obligations include providing “adequate treatment and
rehabilitation for children with mental health and psychosocial disorders while
abstaining from unnecessary medication”. 90 States must also ensure against the
application of coercive medical treatments, barring “an exceptional basis” for treating
mental illness; 91 and simultaneously protect and assist persons with mental
disabilities (e.g., enabling them to live with their families, if they wish). 92
VI. Key findings
48. Often, the absolute nature of freedom of thought – coupled with what some
argue is a narrow scope of protection – has made it difficult to envisage just how and
when this right may be violated, thereby undermining its practical app lication. This
section explores views of diverse stakeholders, working in seven different yet
intersecting fields, regarding key trends and isolated incidents where State or
non-State policies or practices could potentially violate freedom of thought.
A.
Torture or cruel, inhuman or degrading treatment or punishment
49. Stakeholders submit that psychological torture could coercively alter or
manipulate a victim’s thoughts through a process generally known as “personality
disruption”, which causes a victim’s “learned or structured personality traits [to] fall
away”. 93 Experts report that this can occur where certain practices, such as prolonged
isolation, threats of sexual violence or constant humiliation, affect an individual’s
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86
87
88
89
90
91
92
93
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United Nations Educational, Scientific and Cultural Organization (UNESCO), Convention on the
Protection and Promotion of the Diversity of Cultural Expressions, preamble (2005). See also
Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009) on the
right of everyone to take part in cultural life (E/C.12/GC/21), paras. 19 and 55 (c).
Committee on Economic, Social and Cultural Rights, general comment No. 25 (2020) on science
and economic, social and cultural rights (E/C.12/GC/25), para. 10.
Ibid., para. 14.
Committee on Economic, Social and Cultural Rights, general comment No. 6 (1995) on the
economic, social and cultural rights of older persons ( HRI/GEN/1/Rev.9 (Vol. I), p. 35, para. 42).
Committee on the Rights of the Child, general comment No. 15 (2013) on the right of the child
to the enjoyment of the highest attainable standard of health ( CRC/C/GC/15), para. 39.
Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000) on the
right to the highest attainable standard of health ( E/C.12/2000/4), para. 34.
Committee on Economic, Social and Cultural Rights, general comment No. 5 (1994) on persons
with disabilities (HRI/GEN/1/Rev.9 (Vol. I), p. 23, para. 30).
See https://www.justsecurity.org/77115/the-mendez-principles-beware-crossing-the-line-topsychological-torture/.
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