23 - The Right to Freedom of Thought under the American Convention on Human Rights

Summary

The right to freedom of thought is guaranteed by Article 13 of the American Convention on Human Rights, yet current jurisprudence interprets the right as a mere dimension of freedom of expression, also protected by Article 13. Contemporary neurotechnology research presents the possibility for human thoughts to be tracked, recorded, analysed and predicted. This applies pressure upon the Inter-American Court of Human Rights’ current understanding of the right to freedom of thought. This chapter examines how Article 13 has been interpreted by the Inter-American Court of Human Rights at different stages of its jurisprudence. It then argues for an evolution in the interpretation of Article 13 whereby the right to freedom of thought is understood as a distinct right, separate from freedom of expression.