This process should hence begin by establishing the core mental processes that enable mental autonomy, such as attentional and cognitive agency. The paper concludes that the law should develop the right to FoT with the clear understanding that what this aims to secure is mental autonomy. The paper then considers, for each element, why it should exist, how the law currently treats it, and challenges that will shape it going forward. After discussing contemporary threats to FoT, and recent developments in our understanding of thought that can inform the development of the right, this paper considers three elements of the right the rights not to reveal one's thoughts, not to be penalized for one's thoughts, and not to have one's thoughts manipulated. As such, this paper draws on law and psychology to consider what the right to FoT should be in the twenty-first century. The contours of this right urgently need to be defined due to twenty-first century threats to FoT posed by new technologies. However, this foundational right has been neither significantly developed nor often utilized. Accordingly, the right to FoT receives absolute protection under international human rights law. To lose freedom of thought (FoT) is to lose our dignity, our democracy and our very selves.
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