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Wednesday 28 May 2008

Freedom of Thought

To deny a person's freedom of thought is to deny what can be considered one's most basic freedom; to think for one's self.

Since the whole concept of 'freedom of thought' rests on the freedom of the individual to believe whatever one thinks is best (freedom of belief), the notion of 'freedom of religion' is closely related and inextricably bound up with these. While in many societies and forms of government, there has been effectively no freedom of religion or belief, this same freedom has been cherished and developed to a great extent in the modern western world, such that it has often been taken for granted.

This development was enshrined in words in the United States Constitution by the Bill of Rights, which contains the famous guarantee in the First Amendment that laws may not be made that interfere with religion "or prohibiting the free exercise thereof". Today nearly all democratic nations around the world contain similar language within their respective Constitutions.

A US Supreme Court Justice (Benjamin Cardozo) later went on to reason 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."[1]

In other words, without the right to freedom of thought, other rights such as the right to freedom of speech hold little meaning.

Such ideas regarding freedom of thought, as developed over time, ultimately became a vital part of international human rights law. In the Universal Declaration of Human Rights (UDHR), it 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 the above Article 18, which became legally binding on member states with the International Covenant on Civil and Political Rights;

"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."[2]

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..."

http://en.wikipedia.org/wiki/Freedom_of_thought#Explanation

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