A/76/380
the Inter-American Court of Human Rights interpretation of article 13 of the
American Convention on Human Rights (“freedom of thought and expression”). 76
43. Arguably, looking beyond providing access to specific information to
developing an information environment conducive to critical thinking, the Committee
on the Rights of Persons with Disabilities asserts that “without access to information
and communication, enjoyment of freedom of thought […] for persons with
disabilities may be seriously undermined and restricted”. 77 Therefore, it concludes
that States parties should promote assistance and support for them, including Internet
access and alternative modes and methods of communication (e.g., easy -to-read
formats). While not specifically considering freedom of thought, the former Special
Rapporteur on the right to freedom of opinion and expression, Frank La Rue,
highlights that journalists are necessary for the functioning of any democratic society,
in providing individuals and society alike “with the necessary information to allow
them to develop their own thoughts”. 78
44. Furthermore, a former judge of the European Court of Human Rights argues that
access to information is a prerequisite for freedom of thought, since “every person
who is ill-informed [or lacking necessary information] cannot think freely”.
Therefore, destroying public sources of information, including mass media,
propaganda and censorship (e.g. book-burning campaigns), could undermine the
freedom. 79 The Special Rapporteur also observes that “free thinkers” value the free
flow of ideas and information, for whom insufficient information or plurality of
sources – especially in educational settings – could violate freedom of thought. 80
45. The right to education. The Committee on the Rights of the Child observes
that the right to education “draws upon, reinforces, integrates and complements”
freedom of thought, 81 while others postulate that education enables children to
develop the cognitive skills necessary to fully enjoy their fr eedom of thought,
including how to protect themselves from thought manipulation and to think critically
for themselves. 82 Consequently, States must direct education to “development of the
child’s personality, talents and mental […] abilities to the fullest potential”, 83 and the
right to education can “only” be enjoyed “if accompanied by the academic freedom
of staff and students”. 84 Moreover, the State may have obligations to facilitate child
leisure and rest. Research indicates that playing “performs a significant role” in brain
development, particularly in early years, and that without sufficient rest, children lack
the “mental capacity for meaningful participation or learning”. 85
46. The right to cultural life and science. The United Nations Educational,
Scientific and Cultural Organization (UNESCO) emphasizes that freedom of thought
__________________
76
77
78
79
80
81
82
83
84
85
21-14191
Gomes Lund et al v Brazil, para. 197.
Committee on the Rights of Persons with Disabilities, general comment No. 2 (2014) on
accessibility (CRPD/C/GC/2), para. 21.
A/HRC/20/17, para. 3.
See https://intersentia.com/docs/CHRLR_2012_01.pdf, pp. 82 and 87. See also
www.ala.org/advocacy/bbooks/frequentlychallengedbooks.
Submission from Humanists UK.
Committee on the Rights of the Child, general comment No. 1 (2001) on the aims of education
(HRI/GEN/1/Rev.9 (Vol. II), p. 385, para. 6).
Consultation with Humanists International; submission from Association européenne pour la
défense des droits et des libertés (ASSEDEL); see also https://unesdoc.unesco.org/ark:/48223/
pf0000244676.
Committee on the Rights of the Child, general comment No. 17 (2013) on the right of the child
to rest, leisure, play, recreational activities, cultural life and the arts (CRC/C/GC/17), para. 27.
Committee on Economic, Social and Cultural Rights, general comment No. 13 (1999) on the
right to education (HRI/GEN/1/Rev.9 (Vol. I), p. 70, para. 38).
Committee on the Rights of the Child, general comment No. 17 (2013) (CRC/C/GC/17), paras. 9
and 13.
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