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International Studies of the City University of New York on a follow -up project
arising from his visit to Uzbekistan. As an observer, he attended meetings of the
International Contact Group on Freedom of Religion or Belief and of the International
Religious Freedom or Belief Alliance. He also continued to engage various actors
promoting freedom of religion or belief, including the International Panel of
Parliamentarians for Freedom of Religion or Belief and the Minority Rights Group.
III. Methodology
9.
To inform the present report, the Special Rapporteur held 7 online round -table
consultations and 11 online bilateral meetings with key stakeholders from all five
geographical regions. In response to his call for submissions, he received and
reviewed submissions from 35 civil society entities, 14 individuals, 12 States,
4 multilateral organizations and 3 national human rights and equality bodies.
Reflecting diverse and multifaceted interests in the fre edom of thought, participants
included rights holders; human rights defenders; civil society; leaders of all faiths and
none; psychologists; neuroscientists; policymakers; lawyers; scholars; the media;
digital technology companies; intergovernmental and international organizations; and
States. The Special Rapporteur extends his deepest gratitude to all who provided their
time and insights.
IV. Conceptual framework
10. International law does not define “thought”. The travaux préparatoires for
article 18 of the Universal Declaration of Human Rights, article 18 (1) of the
International Covenant on Civil and Political Rights, and article 14 (1) of the
Convention on the Rights of the Child, 14 are silent on the concept. Some claim that
the drafters purposefully left its meaning vague so that our understanding of the right
could evolve with scientific developments. Consequently, scholars intensely debate
how narrowly to interpret the concept of “thought” in international human rights law
and, therefore, the scope of protection afforded to “freedom of thought”.
11. What constitutes “thought” not only lacks legal precision, but also scientific and
philosophical consensus. Neuroscientists generally agree that thoughts are created when
billions of neurons (nerve cells) in the brain – connected by trillions of synapses – fire
together.15 But the consensus ends there. Some neuroscientists distinguish “thought”
from other cognitive processes, including emotion, based on the primary part of the
brain engaged. Others emphasize the complex, highly interrelated nature of
anatomical aspects of the brain that support cognitive functions, comparing efforts to
“trace a thought from beginning to end” to “asking where the forest begins”. 16
12. Many stakeholders treat “thought” as an individual process and/or product of
thinking. 17 For instance, legal scholar Nita Farahany considers “thought” as a
cognitive “product” with “rich” or “substantive” content, thereby distinguishing it
from “lower” outcomes of cognition including emotions, inclinations or
preferences. 18 Others reject this conceptual distinction, asserting that emotions are an
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15
16
17
18
21-14191
E/CN.4/1984/71, paras. 13–33.
See https://www.scientificamerican.com/article/mind-aglow-scientists-watch-thoughts-form-inthe-brain/.
See https://engineering.mit.edu/engage/ask-an-engineer/what-are-thoughts-made-of/.
See https://www.merriam-webster.com/dictionary/thought; and submissions from the Office for
Democratic Institutions and Human Rights of the Organization for Security and Cooperation in
Europe and from Jan Christoph Bublitz.
Consultation on psychology and neuroscience.
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