The Cambridge Handbook of the Right to Freedom of Thought

This Handbook is the first survey of how the right to freedom of thought is protected, interpreted and applied globally.

Patrick O'Callaghan (Edited by), Bethany Shiner (Edited by)

9781009539647, Cambridge University Press

Hardback, published 13 March 2025

413 pages
26.1 x 18.5 x 2.8 cm, 0.931 kg

'This rich collection of essays represents a remarkable intellectual accomplishment. The diversity of the contributing authors, as well as the breadth and depth of the analyses, ensures that key issues relating to the right to freedom of thought are thoroughly interrogated. The simplicity of delivery across the chapters also makes the book's central findings easily comprehensible and accessible. Accomplished scholars will certainly find the handbook relevant, as will those newly embarking on the task of understanding the parameters of and the nuances within the right. In true handbook fashion, this book will remain a foundational resource for anyone dealing with the right to freedom of thought.' Mwiza Jo Nkhata, Honorary Professor, University of South Africa, and Principal Legal Officer, African Court on Human and Peoples' Rights

The right to freedom of thought features prominently in debates about emerging technologies including neurotechnology and AI, but there is little understanding of its scope, content or application. This handbook presents the first attempt to set out how the right is protected, interpreted and applied globally. Eighteen jurisdictions are examined along with chapters describing context-setting, interdisciplinary approaches, and close analysis of the right in relation to specific challenges and conceptual difficulties. Readers familiar with the right will discover fresh perspectives and those new to the right will learn how it is part of the matrix of rights protecting autonomy, dignity, and privacy.

Part I. Introduction: 1. Introduction: mapping and implementing legal protection of the right to freedom of thought Patrick O'Callaghan and Bethany Shiner
2. 'The mind and conscience are the person's most sacred possessions': the origins of freedom of thought in the universal declaration of human rights and the International Covenant on Civil and Political Rights Christoph Bublitz
Part II. Asia: 3. The right to freedom of thought in Japan Satoshi Yokodaido
4. The right to freedom of thought in China Heping Dang
5. The right to freedom of thought in Vietnam Giao Vu Cong
6. The right to freedom of thought in Malaysia Kalpana Sivabalah
7. The right to freedom of thought in India Kelly Amal Dhru
Part III. Europe: 8. The right to freedom of thought in Türkiye Emine Ozge Yildirim-Vranckaert
9. The right to freedom of thought in Germany Nora Hertz
10. The right to freedom of thought in France Marie-Luce Paris
11. The Right to Freedom of Thought in the United Kingdom Bethany Shiner
12. The right to freedom of thought under the European Convention on Human Rights Felicitas Benziger
Part IV. Africa: 13. The Right to Freedom of Thought in Kenya Victoria Miyandazi, Miracle Mudeyi and Harrison Otieno Okoth
14. The right to freedom of thought in Zambia Christopher Phiri
15. The right to freedom of thought in Mauritius Neel Raamandarsingh Purmah
16. The right to freedom of thought in South Africa Mariette Jones
17. The right to freedom of thought in the African Charter on Human and Peoples' Rights Sfiso Bernard Nxumalo
Part V. Americas: 18. The right to freedom of thought in Brazil Lucas Oliveira Vianna
19. The right to freedom of thought in Chile Eduardo A. Chia and Flavio Quezada
20. The right to freedom of thought in Colombia Diego González Medina and Sebastián Rubiano-Groot
21. The right to freedom of thought in the United States Marc Jonathan Blitz
22. The right to freedom of thought in Canada Dwight Newman
23. The right to freedom of thought under the American Convention on Human Rights Cláudio De Oliveira Santos Colnago and Bethany Shiner
Part VI. The Right to Freedom of Thought in Context: 24. What is thought and what makes it free? Or, how I learnt to stop worrying and love the forum externum Simon Mccarthy-Jones and Joel Walmsley
25. Online manipulation as a potential interference with the right to freedom of thought Nina Keese and Mark R. Leiser
26. Neurorights: is the right to freedom of thought in need of an update? Timo Istace and Catherine Van De Heyning
27. Freedom of thought: absolute protection of mental privacy and mental integrity? Considering the case of neurotechnology in criminal justice Sjors Ligthart and Naomi Van De Pol
28. Realising the societal dimensions of the right to freedom of thought in the digital age through strategic litigation Kebene Wodajo
29. Non-ideal theory and protecting freedom of thought Leslie Francis and John Francis.

Subject Areas: Human rights & civil liberties law [LNDC]