Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-6bf8c574d5-pdxrj Total loading time: 0 Render date: 2025-03-09T21:58:42.878Z Has data issue: false hasContentIssue false

10 - The Right to Freedom of Thought in France

from Part III - Europe

Published online by Cambridge University Press:  06 March 2025

By
Marie-Luce Paris
Edited by
Patrick O'Callaghan  and
Bethany Shiner
Patrick O'Callaghan
Affiliation:
University College Cork
Bethany Shiner
Affiliation:
Middlesex University, London
Get access

Summary

France has been at the forefront of the philosophical reflection on freedom of thought, along with the related freedoms of opinion and of conscience. Today, freedom of thought is constitutionally protected under French law as affirmed in Article 11 which makes the ‘free communication of thoughts and opinions is one of the most precious rights of man’. However, freedom of thought has received limited attention in French legal scholarship and is seldom considered as a standalone and influential factor in legal disputes, some even suggesting that France may be falling behind other democratic states in terms of the effective affirmation and protection of freedom of conscience in particular. The aim of this chapter is to elucidate how the right to freedom of thought finds expression in French positive law, as well as how it has been used distinctively and practically by the courts, if at all. Following a concise examination of the underlying concept, this chapter considers the legal foundations of freedom of thought and its implementation within the judicial system, with particular focus on the Constitutional Council.

Keywords

FranceFreedom of conscienceFreedom of opinionFreedom of thoughtLaicity
Type
Chapter
Information
The Cambridge Handbook of the Right to Freedom of Thought , pp. 122 - 134
Publisher: Cambridge University Press
Print publication year: 2025

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×