14 - The Right to Freedom of Thought in Zambia

Summary

The Constitution of Zambia protects freedom of thought is one of the two components of freedom of conscience, with the other component being freedom of religion or belief. This chapter considers the extent to which the letter of the law comports with the spirit of the law. The analysis suggests that the letter of the law hardly comports with the spirit of the law. First, the letter of the law appears to wrongly conflate three distinct types of freedom insofar as it portrays freedom of conscience is ‘an umbrella freedom’ and freedom of thought and freedom of religion or belief as specific components thereof. Second, the letter of the law does not appear to comport with the spirit of the law insofar as it suggests that it protects a person from being hindered in the enjoyment of his/her freedom of thought or freedom of conscience only where the hindrance occurs without one’s own consent. Third, the letter of the law does not appear to comport with the spirit of the law insofar as it suggests that the state can impose restrictions on, and derogate from, freedom of thought and freedom of conscience. The chapter culminates in a call for reform.