Freedom of Thought - Overview

Overview

'Freedom of thought' is the derivative of and thus is closely linked to other liberties: freedom of religion, freedom of speech, and freedom of expression. It is a very important concept in the western world and nearly all democratic constitutions protect these freedoms. For instance, the U.S. Bill of Rights contains the famous guarantee in the First Amendment that laws may not be made that interfere with religion "or prohibiting the free exercise thereof". A US Supreme Court Justice (Benjamin Cardozo) reasoned in Palko v. Connecticut (1937) that:

Freedom of thought... is the matrix, the indispensable condition, of nearly every other form of freedom. With rare aberrations a pervasive recognition of this truth can be traced in our history, political and legal.

Such ideas are also a vital part of international human rights law. In the Universal Declaration of Human Rights (UDHR), which is legally binding on member states of the International Covenant on Civil and Political Rights, freedom of thought is listed under Article 18:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

The Human Rights Committee states that this, "distinguishes the freedom of thought, conscience, religion or belief from the freedom to manifest religion or belief. It does not permit any limitations whatsoever on the freedom of thought and conscience or on the freedom to have or adopt a religion or belief of one's choice. These freedoms are protected unconditionally." Similarly, Article 19 of the UDHR guarantees that "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference..."