A/76/380
B.
Freedom of thought and freedom of opinion
21. Thought and opinion are distinct freedoms, enshrined in articles 18 (1) and
19 (1) of the International Covenant on Civil and Political Rights, respectively. Their
precise delineation is difficult since both fall within the forum internum, and some
courts and commentators consider that opinion is a type of “thought”. The drafters of
the Covenant spent little time elaborating on why and to what extent they differ; they
merely commented that “thought” and “opinion” were not identical, yet close in
meaning and complementary. 38 Notably, the Special Rapporteur on the right to
freedom of opinion and expression observes that freedom of opinion is “closely
connected” to freedom of thought within forum internum, and this “internal process
(thought and opinion)” interacts “with the external (expression)”. 39 Several
interlocutors emphasize that freedom of opinion depends on protecting freedo m of
thought, 40 since “[t]hought is a process, while opinion is the result of this process”. 41
C.
Freedoms of thought, conscience and religion or belief
22. The travaux préparatoires for the Universal Declaration of Human Rights
indicate that freedom of thought extends beyond thought on matters of conscience,
religion and belief, noting that freedom of religion is “only one form of freedom of
thought”. 42 The Human Rights Committee further clarifies that freedom of thought
extends beyond “religious” thought alone 43 and encompasses thought “on all
matters”. 44 This includes, according to one Committee member, thoughts “considered
offensive or illegitimate by authorities or public opinion”, 45 leading some scholars to
describe freedom of thought as the “right to hold deviant ideas” even if harmful acts
themselves are criminalized. 46
23. Regional jurisprudence also establishes that freedom of thought protects more
than religion or belief-based thought. For example, according to the European Co urt
of Human Rights, “thoughts” could include one’s intention to vote fo r a political
party 47 and choosing the name for one’s child. 48
24. The Special Rapporteur notes that religious and non-religious people alike may
cherish freedom of thought as a vehicle for reason, the search for truth and individual
agency, engaging both freedom of religious choice (namely, the right to have, adopt
or change religion or belief, and to interpret one’s religion or belief) and “freedom
from religion” to think freely on all matters without the influence of religion or belief
systems. In the Beirut Declaration on Faith for Rights, it is further stressed that
freedom of religion or belief cannot exist without freedom of thought. 49 Within
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38
39
40
41
42
43
44
45
46
47
48
49
8/28
A/2929, para. 123.
A/HRC/47/25, para. 33; and A/HRC/44/49/Add.2, para. 11.
See, e.g. submission from Associação Nacional de Juristas Evangélicos (ANAJURE); see also
https://www.researchgate.net/profile/Christoph-Bublitz/publication/261950057_Freedom_of_
Thought_in_the_Age_of_Neuroscience/links/55e5d32008aec74dbe74db32/Freedom -of-Thoughtin-the-Age-of-Neuroscience.pdf, p. 4.
See https://www.worldcat.org/title/international-bill-of-rights-the-covenant-on-civil-andpolitical-rights/oclc/7464593, p. 217.
See e.g., A/C.3/SR.127, p. 395 (Philippines).
CCPR/C/SR.1162, paras. 40, 43.
Human Rights Committee, general comment No. 22 (1993) (HRI/GEN/1/Rev.9 (Vol. I), p. 204,
para. 1).
CCPR/C/106/D/1786/2008, p. 17.
See https://scholars.unh.edu/unh_lr/vol3/iss2/3/.
See http://hudoc.echr.coe.int/eng?i=001-78984, para. 76.
See http://hudoc.echr.coe.int/eng?i=001-3751, para. 2.
A/HRC/40/58, annex I, para. 5.
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