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This chapter critically examines the scope of protection for freedom of thought under Article 9(1) of the European Convention on Human Rights (ECHR), emphasizing the underdeveloped forum internum aspect. It presents a novel framework for assessing when an intervention with internal thoughts becomes impermissible, drawing parallels to the severity threshold in Article 3 ECHR jurisprudence on torture and inhuman treatment. The chapter contends that while freedom of thought is absolute, the European Court of Human Rights must contextualize cases to determine when State or private actors cross permissible boundaries. It also highlights the State’s obligation to protect citizens from undue influence, particularly in the digital age, and calls for a dynamic interpretation of this right through the living instrument doctrine to address contemporary challenges.

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The Mind and the Law: A Contextualized Framework for Freedom of Thought Under the European Convention on Human Rights

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  • 发表日期：

    2026年

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  • Emine Ozge Yildirim-Vranckaert

摘要

This chapter critically examines the scope of protection for freedom of thought under Article 9(1) of the European Convention on Human Rights (ECHR), emphasizing the underdeveloped forum internum aspect. It presents a novel framework for assessing when an intervention with internal thoughts becomes impermissible, drawing parallels to the severity threshold in Article 3 ECHR jurisprudence on torture and inhuman treatment. The chapter contends that while freedom of thought is absolute, the European Court of Human Rights must contextualize cases to determine when State or private actors cross permissible boundaries. It also highlights the State’s obligation to protect citizens from undue influence, particularly in the digital age, and calls for a dynamic interpretation of this right through the living instrument doctrine to address contemporary challenges.