17 - The Right to Freedom of Thought in the African Charter on Human and Peoples’ Rights

Summary

The right to freedom of thought in Africa is governed by three frameworks. The African Charter on Human and Peoples’ Rights does not explicitly recognise this right but includes freedom of conscience and religion in Article 8. This provision covers both forum internum (absolute freedom of conscience) and forum externum (free practice of religion, subject to limitations). However, the African Commission and the African Court often conflate these rights, resulting in limited case law. Some cases suggest a broad interpretation of Article 8 to include various beliefs, implying freedom of thought, supported by related rights like freedom of expression. The African Charter on the Rights and Welfare of the Child explicitly includes freedom of thought in Article 9, but its scope is unclear due to the lack of case law. This inclusion supports the extension of this right into adulthood under Article 8 of the African Charter on Human and Peoples’ Rights, ensuring individuals retain their freedom of thought beyond childhood. The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa does not explicitly mention freedom of thought, but this right can be inferred from the rights to free development of personality and participation in political and decision-making processes.