TY - JOUR
T1 - The right to freedom of thought in the European convention on human rights
AU - O'Callaghan, Patrick
AU - Shiner, Bethany
N1 - Publisher Copyright:
© 2021 Brill Nijhoff. All rights reserved.
PY - 2021
Y1 - 2021
N2 - This paper examines the right to freedom of thought in the European Convention on Human Rights against the background of technological developments in neuroscience and algorithmic processes. Article 9 echr provides an absolute right to freedom of thought when the integrity of our inner life or forum internum is at stake. In all other cases, where thoughts have been manifested in some way in the forum externum, the right to freedom of thought is treated as a qualified right. While Article 9 echr is a core focus of this paper, we argue that freedom of thought is further supported by Articles 8, 10 and 11 echr. This complex of rights carves out breathing space for the individual's personal development and therefore supports the enjoyment of freedom of thought in its fullest sense. Charged with 'maintaining and promoting the ideals and values of a democratic society' as well as ensuring that individual human rights are given 'practical and effective protection', this paper predicts that the European Court of Human Rights will make greater use of the right to freedom of thought in the face of the emerging challenges of the Fourth Industrial Revolution.
AB - This paper examines the right to freedom of thought in the European Convention on Human Rights against the background of technological developments in neuroscience and algorithmic processes. Article 9 echr provides an absolute right to freedom of thought when the integrity of our inner life or forum internum is at stake. In all other cases, where thoughts have been manifested in some way in the forum externum, the right to freedom of thought is treated as a qualified right. While Article 9 echr is a core focus of this paper, we argue that freedom of thought is further supported by Articles 8, 10 and 11 echr. This complex of rights carves out breathing space for the individual's personal development and therefore supports the enjoyment of freedom of thought in its fullest sense. Charged with 'maintaining and promoting the ideals and values of a democratic society' as well as ensuring that individual human rights are given 'practical and effective protection', this paper predicts that the European Court of Human Rights will make greater use of the right to freedom of thought in the face of the emerging challenges of the Fourth Industrial Revolution.
KW - Article 9 echr
KW - Echr
KW - Right to freedom of thought
KW - Technology
UR - https://www.scopus.com/pages/publications/85109150010
U2 - 10.1163/22134514-bja10016
DO - 10.1163/22134514-bja10016
M3 - Article
AN - SCOPUS:85109150010
SN - 2213-4506
VL - 8
SP - 112
EP - 145
JO - European Journal of Comparative Law and Governance
JF - European Journal of Comparative Law and Governance
IS - 2-3
ER -