A/76/380 may reveal […] the very thoughts of individuals in ways that previously were not possible”. 197 94. While some consider that all “thoughts are free before being expre ssed”, 198 emerging technologies are increasingly challenging this understanding. These nascent tools pose dilemmas about how to protect mental privacy, how to protect thoughts from impermissible manipulation and modification, and how to prevent these technologies from being used and abused to punish real or inferred thoughts, rather than an individual’s conduct. Consequently, as this technological potential for mental interference grows, some scholars are pushing for concrete practices and policies to protect against the misuse and abuse of such technologies. 95. In exploring freedom of thought as set out in article 18 (1) of the International Covenant on Civil and Political Rights, the present report maps the perspectives of diverse stakeholders on what the right protects, potential violations and its relationship to other rights. In practice, efforts to protect the right to freedom of thought must overcome several obstacles, including such a dearth of international jurisprudence that it has been described as “the only human right without any real application”. 199 Although freedom of thought is not frequently or widely invoked, the Special Rapporteur emphasizes that it does not lack importance and stands ready to rise to the complex challenges of the twenty-first century and beyond. IX. Recommendations 96. The Special Rapporteur recognizes that the right to freedom of thought is relatively underdeveloped in theory and practice compared with the freedoms of conscience and religion or belief in article 18 (1) of the International Covenan t on Civil and Political Rights. For States as duty bearers and individuals as rights holders, further clarity on the legal content and scope of freedom of thought is desirable in supporting efforts to respect, promote and fulfil this fundamental right. The present report contributes to this continuing conversation, rather than marking its conclusion. To that end, the United Nations human rights system is encouraged to further engage on this topic, including by adopting a general comment. 97. In order to address pressing concerns over alleged violations of freedom of thought, the Special Rapporteur also makes the following recommendations. States are encouraged to: (a) Review their legal and policy frameworks to ensure compliance with international human rights law, including rights that may affect an individual’s freedom of thought, such as the prohibition on torture and cruel, inhuman or degrading treatment or punishment; freedom of opinion and expression, including access to information and communication; the right to privacy; and the right to health; (b) Invite relevant stakeholders – including national human rights institutions, civil society (including leaders of all faiths and none), mental health practitioners, digital technology companies and members of vulnerable groups (e.g., children, persons with psychosocial disabilities) – to participate in public __________________ 197 198 199 26/28 A/HRC/37/62, annex, para. 5. See https://www.worldcat.org/title/convention-europeenne-des-droits-de-lhomme-commentairearticle-par-article/oclc/468185397, p. 354. Submission from Jan Christoph Bublitz. 21-14191

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