A/76/380 “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 __________________ 86 87 88 89 90 91 92 93 14/28 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/. 21-14191

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