A/76/380 I. Introduction1 1. For many, the pronouncement by René Descartes, “I think, therefore I am”, speaks to the essentiality of “freedom of thought” for the dignity, agency and existence of the human being. As expressed in article 18 of the Universal Decl aration of Human Rights, article 18 (1) of the International Covenant on Civil and Political Rights, and article 1 (1) of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, freedom of thought i s recognized as one of three distinct, but equal rights 2 within the right to freedom of “thought, conscience and religion” or belief. 2. Freedom of thought, along with one’s conscience and belief, is regarded as part of one’s forum internum – a person’s inner sanctum (mind) where mental faculties are developed, exercised and defined. The drafting history of the Universal Declaration of Human Rights suggests that some delegates, including the Lebanese delegate, Charles Malik, considered free exercise of these faculties as essential for protecting “the human person’s most sacred and inviolable possessions”, which enable people to “perceive the truth, to choose freely and to exist”. 3 Purposely named as the first right in article 18 of the Declaration, freedom of thought was characterized by the French delegate, René Cassin, as “the origin of all other rights”. 4 3. Drawing on diverse philosophical and historical traditions, ranging from the Enlightenment to Chinese philosophy and the pro-science sentiments of the Union of Soviet Socialist Republics, several delegates emphasized that freedom of thought extends beyond religious matters, and also protects political, scientific and philosophical thought. 5 Notably, drafters of the Universal Declaration highlighted the suppression of “free thinkers”, scientists and dissidents as paradigmatic violations of the freedom. 6 Yet, although drafters briefly debated what “freedom of thought” encompasses, they did not expand upon it in the formulation of the Declaration. 4. Articles 4 and 18 of the International Covenant on Civil and Political Rights confirm the right’s significance, ascribing it absolute protection, even during public emergencies. 7 Consequently, and unlike forum externum (external realm) freedoms that are subject to State limitations, if prescribed by law and necessary to protect public safety, order, health or morals, or the rights of others, States legally cannot ever interfere with freedom of thought. Despite its procl aimed importance and absolute nature, the right’s scope and content remain largely underdeveloped and poorly understood. The right receives scant attention in jurisprudence, legislation and scholarship, international and otherwise. With one possible exception, 8 the Human Rights Committee has not yet considered freedom of thought when claimants have alleged violations of the right, choosing instead to analyse cases under other human __________________ 1 2 3 4 5 6 7 8 21-14191 The Special Rapporteur is grateful for the excellent research undertaken for the present report by Rose Richter, Christine Ryan, Jennifer Tridgell, Ben Greenacre and Alexandra Ziaka. He also thanks his junior researchers and summer fellows for their contributions . Human Rights Committee, general comment No. 22 (1993) on the right to freedom of thought, conscience and religion (HRI/GEN/1/Rev.9 (Vol. I), p. 204, para. 1). E/CN.4/SR.14, p. 3. E/CN.4/SR.60, p. 10. E/CN.4/SR.7, p. 4; and submission from Jan Christoph Bublitz. See, e.g., E/CN.4/SR.60 and E/CN.4/SR.60/Corr.1, p. 10 (Union of Soviet Socialist Republics and Lebanon). Human Rights Committee, general comment No. 22 (1993), paras. 1 and 3. See also Human Rights Committee, general comment No. 34 (2011) on the freedoms of opinion and expression (CCPR/C/GC/34, para. 5); and A/HRC/31/18, para. 17. See CCPR/C/78/D/878/1999. 3/28