Reconsidering the absolute nature of the right to freedom of thought

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Abstract

The right to freedom of thought (RFoT) is generally considered to imply three substantive freedoms: that inner thoughts shall not be impermissibly altered; that persons shall not be forced to reveal their unmanifested thoughts; and that persons shall not be punished for their thoughts. It is often assumed that the right protects these freedoms in an absolute way. This article challenges the assumption that the RFoT is completely absolute in established human rights law. Furthermore, it is submitted that the right—as currently understood in the literature—neither should be constructed, completely, in absolute terms. Rather, this article suggests to develop a limited number of implied limitations to some elements of the RFoT, provided that they may not impair the very essence of this right.
Original languageEnglish
Article numberngaf018
Number of pages27
JournalHuman Rights Law Review
Volume25
Issue number3
Early online date2 Jun 2025
DOIs
Publication statusPublished - Sept 2025

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • freedom of thought
  • absolute rights
  • implied limitations
  • essence of rights
  • impermissible thought alteration
  • freedom not to reveal thoughts

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