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  • 10 - The Right to Freedom of Thought in France

  • from Part III - Europe
  • Edited by Patrick O'Callaghan, University College Cork, Bethany Shiner, Middlesex University, London
  • Book:
    The Cambridge Handbook of the Right to Freedom of Thought
    Published online:
    06 March 2025
    Print publication:
    13 March 2025, pp 122-134

  • 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.