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
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197
198
199
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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