The right to freedom of thought: an interdisciplinary analysis of the UN special rapporteur’s report on freedom of thought

In 2021, the United Nations Special Rapporteur on Freedom of Religion or Belief presented his ‘Report on Freedom of Thought’ to the United Nations General Assembly. This was the first substantive consideration of the right to freedom of thought at the United Nations level since the right was recognised in 1948. This paper provides interdisciplinary reflections on this report to support ongoing discussions on the appropriate content and scope of this fundamental human right. We begin by addressing reasons for the historical neglect of this right, namely the right being viewed as more symbolic than practical and relevant interests being perceived as already protected by other rights. Next, given there is no consensus on what the right protects, or how it protects, we consider its potential attributes. We then consider potential violations of this right, turning to its application to mental health. Finally, we consider the Special Rapporteur’s recommendations, discussing how some may be realised through human rights-centered regulation in the form of the European Union’s new Digital Services Act. In this context, we also briefly consider relevant aspects of the EU Commission’s proposal for an AI Act. We conclude by outlining pressing challenges facing the development of this right.