The abstract notion of freedom of thought, dating back at least to Roman times, has transmutated into a tangible legal right with its incorporation in Article 18 of the Universal Declaration of Human Rights in 1948. This chapter traces the genesis of the right through evolving formulations in the drafts of the Declaration and the International Covenant on Civil and Political Rights. It also presents the few pertinent remarks on the right by notable figures such as Charles Malik and René Cassin as documented primarily in the Summary Records of the Commission on Human Rights between 1947 and 1949. An in-depth analysis of the travaux préparatoires yields ten significant findings for an understanding of the freedom. The analysis reaffirms some established facets of the right such as its unique twofold structure, and sheds light on hitherto unexplored facts such as the specific relation between thought, conscience, and religion. It further identifies unresolved questions and offers perspectives for contemporary interpretations of the freedom.

This chapter takes the reader to the innermost chamber of the court: the deliberation room. There, the story untangles the maze of interactions that occur among the adjudicators as they finally decide the merits of the case. What commentators usually describe as the moment of truth is, in fact, a delicate dance of assertions and contestations, argument and counterargument, lunges and sidesteps. Amid the confrontation, judicial bureaucrats work staunchly and discreetly to guide the flow of the debate, broker compromises, and overcome stumbling blocks. The decisions and instructions that eventually emerge from deliberations may well be the truth – but a carefully constructed one. The deliberative practices of the various courts and tribunals, all described in this chapter, are more than simple logistical matters or mere conveyors of content. Rather, they have a crucial impact on the way adjudicators arrive at their decisions and, therefore, on the substantive outcomes of each dispute.