The Cambridge handbook of the right to freedom of thought / edited by Patrick O'Callaghan, Bethany Shiner.

Format:

Book

Contributor:

O'Callaghan, Patrick, editor.

Shiner, Bethany, editor.

Series:

Cambridge law handbooks.

Cambridge law handbooks

Language:

English

Subjects (All):

Freedom of expression.

Physical Description:

1 online resource (xix, 393 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2025.

Summary:

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.

Contents:

Cover

Half-title page

Title page

Copyright page

Dedication

Contents

List of Contributors

Foreword

Acknowledgements

Part I Introduction

1 Introduction: Mapping and Implementing Legal Protection of the Right to Freedom of Thought

Introduction

The Right to Freedom of Thought: Mapping the Legal Landscape

The Sources of the Right to Freedom of Thought

The Content of the Right to Freedom of Thought

The Scope of the Right to Freedom of Thought

Conclusions

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

The Travaux of the Declaration and the Covenant

Analysis of the Travaux

Implications for Interpretations

Conclusion

Part II Asia

3 The Right to Freedom of Thought in Japan

Guarantee of Freedom of Thought in the Japanese Constitution: Background

What Are 'Thought' and 'Conscience'?

Who Enjoys the Guarantee of Freedom of Thought?

How Is Freedom of Thought Violated?

Is Freedom of Thought 'Absolute'?

Restriction of Freedom of Thought

The Relationship between Action and Thought

Direct Restriction on the Freedom of Thought and Its Limits

The Compulsion to Have a Particular Thought and Indoctrination of Ideas

The Prohibition against Having a Particular Thought

The Compulsion to Confess the Existence of a Particular Thought

Indirect Restriction of Freedom of Thought and Its Limits

Horizontal Effect of the Right to Freedom of Thought

Indirect Effect Theory of Constitutional Rights and Freedoms

In Cases of Freedom of Thought

The Conflict between Freedom of Association and Freedom of Thought

4 The Right to Freedom of Thought in China

Introduction.

China's Engagement with 'Conscience' during the Drafting of the UDHR

China Supported Universal Human Rights by Adding in Non-western Concepts

China Added Conscience as a Basic Human Quality

China Supported Freedom of Conscience as a Defence against Political Coercion

Inconsistency between Confucianism and Contemporary Human Rights Discourses

Freedom of Thought in Contemporary China

Freedom of Thought in China's Contemporary Constitutions since 1949

Freedom of Thought in China's Recent Judicial Practice, 2013-2023

Guiding Thoughts

Religious Freedom

Freedom of Expression

Freedom of Press

Discussion

5 The Right to Freedom of Thought in Vietnam

The Right to Freedom of Thought in Vietnam: An Overview

Justiciability, Remedies of Infringement and Factors that Influence Freedom of Thought in Vietnam

Justiciability, Remedies of Infringement

Factors in Favour of Freedom of Thought in Vietnam

Factors Challenging Freedom of Thought in Vietnam

Promoting Freedom of Thought in Vietnam: Prospects and Strategies

Prospects for the Right to Freedom of Thought in Vietnam

Strategies for Promoting Freedom of Thought in Vietnam

Enhancing Public Awareness and Education of Human Rights

Promoting Legal Reforms on Human Rights

Consolidating Societal Engagement

Upholding Internet Freedom and Academic Freedom

Supporting Media and Journalism

Strengthening Public Dialogue and Debate

Highlighting International Commitments

Expanding Cultural and International Exchanges

Acknowledgement

6 The Right to Freedom of Thought in Malaysia

Definitional Issues Surrounding Freedom of Thought

An Overview of the Malaysian Legal System

The Limited Utility of International Human Rights Treaties.

The Limitations of The Freedom of Religion Provision (Article 11)

The Freedom Not to Reveal One's Thoughts

The Right Not to be Punished for One's Thoughts

The Prohibition against Impermissibly Altering an Individual's Thoughts

The Obligation of States to Provide an Enabling Environment for Freedom of Thought

Limitations of the Freedom of Expression Provision (Article 10) FCM

Article 10: A Qualified Right

The Sedition Act 1948

The Communication and Multimedia Act 1998 and the Printing Presses and Publication Act 1984

Thought Crimes: Sections 121A and 121B Malaysian Penal Code

7 The Right to Freedom of Thought in India

The Preamble as a Source of Law

Liberty of Thought in the Drafting History

The Preamble as a Source of Substantive Rights?

Locating Liberty of Thought within Part III List of Fundamental Rights

The Freedoms under Article 19

Personal Liberty, Dignity, and the Interrelationship between Rights

Taking a Leaf from the Right to (Mental) Privacy

Narcoanalysis, Coercive Brain-Reading, and the Selvi Decision

Puttaswamy, and the Right to (Mental) Privacy

Constructing the Contours of the Forum Internum

Concluding Remarks: An 'Absolute' Core of Otherwise Restricted Rights?

Part III Europe

8 The Right to Freedom of Thought in Türkiye

Creating a Turkish Identity: Nation-Building and Modernisation after Centuries of Empire

The Founding of the Republic and Kemalism

Political Transformations and Military Interventions

The Shift in Secularism

Constitutional and Legal Framework

The Ottoman Empire Kanun-i Esasi of 1876 and The Turkish Constitution of 1921

The Constitution of 1924

The Constitution of 1961 and Its Recognition of the Right to Freedom of Thought

1971 Military Memorandum and Constitutional Amendments.

The Constitution of 1982

Secondary Legislation and the European Court of Human Rights

Article 9 of the European Convention on Human Rights

Article 10 of the European Convention on Human Rights

Analysis and Conclusions

9 The Right to Freedom of Thought in Germany

A Brief Introduction to German Constitutional Law

The Protection of Specific Thoughts

The Right to Freedom of Belief, Conscience and Religion

The Right to Freedom of Expression and Information

Summary

The Protection of the Inner Freedom of the Person

The Right to Human Dignity

The General Right of Personality (Allgemeines Persönlichkeitsrecht)

10 The Right to Freedom of Thought in France

The Concept of Freedom of Thought

Legal Foundations of Freedom of Thought

A Brief Introduction to French Constitutional Law

Protection of Freedom of Thought

Freedom of Opinion

Freedom of Conscience and Conscientious Objection

Freedom of Religion and Laicity

Application of Freedom of Thought in the Case Law

11 The Right to Freedom of Thought in the United Kingdom

The Constitution of the United Kingdom and Human Rights Protection

A British Philosophy of Mind and of Liberty

Exceptions to Freedom of Thought

Treason

Sedition

Public Order

Torture

The Common Law and the Courts

Commentaries on the Common Law

Twentieth and Twenty-first Century Common Law

Reflections on Freedom of Thought in the UK Today

12 The Right to Freedom of Thought under the European Convention on Human Rights

Historical background of Article 9 of the European Convention on Human Rights

The Right to Freedom of Thought in the European Convention on Human Rights

Scope and Content.

'Thought' in Article 9(1) of the European Convention on Human Rights

The Nature of the Right to FOT: Approaches in ECtHR/ECmHR Jurisprudence

Potential Applicants

Limitations

State Obligations

The Right to Freedom of Thought in Article 9(1) of the European Convention on Human Rights: Independent or Ancillary Right?

Part IV Africa

13 The Right to Freedom of Thought in Kenya

What Is Freedom of Thought?

Historical and Legal Framework of the Right to Freedom of Thought in Kenya

Freedom of Thought and Its Relationship with Freedom Expression, Belief, Religion, and Opinion

Relationship between Freedom of Thought and Freedom of Expression

Freedom of Thought and Freedom of Religion and Belief

Relevance of Freedom of Thought in the Context of Contemporary Technology and Surveillance

Freedom of Thought and the 'Cancel Culture' in Kenya

14 The Right to Freedom of Thought in Zambia

The Letter of the Law

The Spirit of the Law

15 The Right to Freedom of Thought in Mauritius

An Overview of the Legal System of Mauritius

Constitutional Protection of Civil and Political Rights

The Normative Contents of Section 11 (Protection of Freedom of Conscience)

Judicial Appraisal of Freedom of Thought in Mauritius

Concluding Thoughts

16 The Right to Freedom of Thought in South Africa

Apartheid and Religion

Freedom of Thought in the South African Constitution

Freedom of Thought in South African Case Law

Religion

Witchcraft

Blasphemy

Relationship to Other Fundamental Rights

Freedom of Speech

Privacy

Analysis and Concluding Remarks

17 The Right to Freedom of Thought in the African Charter on Human and Peoples' Rights

The Right to Freedom of Thought under the African Charter.

Notes:

Title from publisher's bibliographic system (viewed on 07 Mar 2025).

Description based on publisher supplied metadata and other sources.

ISBN:

1-009-53963-9

1-009-53962-0

1-009-53961-2

OCLC:

1460256831