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Bethany Shiner - One of the best experts on this subject based on the ideXlab platform.
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a distinct right to Freedom of Thought in south america the jurisprudence of the inter american court of human rights neurotechnology and the application of bioethics principles
European Journal of Comparative Law and Governance, 2021Co-Authors: Claudio De Oliveira Santos Colnago, Bethany ShinerAbstract:The right to Freedom of Thought is guaranteed by Article 13 of the American Convention on Human Rights, yet current jurisprudence interprets the right as a mere dimension of Freedom of expression, also protected by Article 13. Contemporary neurotechnology research presents the possibility for human Thoughts to be tracked, recorded, analysed and predicted. This applies pressure upon the Inter-American Court of Human Rights’ current understanding of the right to Freedom of Thought. Firstly, this paper will examine how Article 13 has been interpreted by the Inter-American Court of Human Rights at different stages of its jurisprudence. Secondly, by considering both technological advances and the other rights guaranteed by the Convention, this paper argues for an evolution in the interpretation of Article 13 whereby the right to Freedom of Thought is understood as a distinct right, separate from Freedom of expression. Finally, this paper proposes that the positive duty to secure Convention rights requires States to enact preventative legislation and regulations. Existing bioethics principles should be drawn upon to inform human rights compliant laws and regulations that require the architectural design of technologies to limit the potential to infringe upon Freedom of Thought.
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introduction to a comparative study of the right to Freedom of Thought
European Journal of Comparative Law and Governance, 2021Co-Authors: Bethany Shiner, Patrick OcallaghanAbstract:This is the introduction for the special issue on a comparative study of the right to Freedom of Thought across several jurisdictions including the UK, Ireland, Canada and the USA as well as the regional jurisdictions of the European Court of Human Rights and the Inter-American Court of Human Rights.
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the right to Freedom of Thought in the european convention on human rights
European Journal of Comparative Law and Governance, 2021Co-Authors: Patrick Ocallaghan, Bethany ShinerAbstract:This paper examines the right to Freedom of Thought in the European Convention on Human Rights against the background of technological developments in neuroscience and algorithmic processes. Article 9 ECHR provides an absolute right to Freedom of Thought when the integrity of our inner life or forum internum is at stake. In all other cases, where Thoughts have been manifested in some way in the forum externum, the right to Freedom of Thought is treated as a qualified right. While Article 9 ECHR is a core focus of this paper, we argue that Freedom of Thought is further supported by Articles 8, 10 and 11 ECHR. This complex of rights carves out breathing space for the individual’s personal development and therefore supports the enjoyment of Freedom of Thought in its fullest sense. Charged with ‘maintaining and promoting the ideals and values of a democratic society’ as well as ensuring that individual human rights are given ‘practical and effective protection’, this paper predicts that the ECtHR will make greater use of the right to Freedom of Thought in the face of the emerging challenges of the Fourth Industrial Revolution.
Adriana Lamackova - One of the best experts on this subject based on the ideXlab platform.
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conscientious objection in reproductive health care analysis of pichon and sajous v france
European Journal of Health Law, 2008Co-Authors: Adriana LamackovaAbstract:This article explores the issue of conscientious objection invoked by health professionals in the reproductive and sexual health care context and its impact on women's ability to access health services. The right to exercise conscientious objection has been recognized by many international and European scholars as being derived from the right to Freedom of Thought, conscience and religion. It is not, however, an absolute right. When the exercise of conscientious objection conflicts with other human rights and fundamental Freedoms, a balance must be struck between the right to conscientious objection and other affected rights such as the right to respect for private life, the right to equality and non-discrimination, and the right to receive and impart information. Particularly in the reproductive health care context, states that allow health professionals to exercise conscientious objection must accommodate this in such a way that its exercise does not compromise women's access to health services. This article analyses the European Court of Human Rights' decision on admissibility in Pichon and Sajous v. France (2001) and argues that a balancing approach should be applied in cases of conscientious objection in the sexual and reproductive health care context.
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conscientious objection in reproductive health care analysis of pichon and sajous v france
European Journal of Health Law, 2008Co-Authors: Adriana LamackovaAbstract:This article explores the issue of conscientious objection invoked by health professionals in the reproductive and sexual health care context and its impact on women's ability to access health services. The right to exercise conscientious objection has been recognized by many international and European scholars as being derived from the right to Freedom of Thought, conscience and religion. It is not, however, an absolute right. When the exercise of conscientious objection conflicts with other human rights and fundamental Freedoms, a balance must be struck between the right to conscientious objection and other affected rights such as the right to respect for private life, the right to equality and non-discrimination, and the right to receive and impart information. Particularly in the reproductive health care context, states that allow health professionals to exercise conscientious objection must accommodate this in such a way that its exercise does not compromise women's access to health services. This article analyses the European Court of Human Rights' decision on admissibility in Pichon and Sajous v. France (2001) and argues that a balancing approach should be applied in cases of conscientious objection in the sexual and reproductive health care context.
Mel\ue9ndez Rojas, Raud\uedn Esteban - One of the best experts on this subject based on the ideXlab platform.
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EL PENSAMIENTO EDUCATIVO DE RABINDRANATH TAGORE Y SU VINCULACI 3N CON EL DESARROLLO HUMANO
2019Co-Authors: Mel\ue9ndez Rojas, Raud\uedn EstebanAbstract:Este ensayo se plante\uf3 tres prop\uf3sitos relacionados con el pensamiento y la acci\uf3n educativa del poeta indio Rabindranath Tagore. El primero fue describir las fuentes de su pensamiento y de sus pr\ue1cticas educativas enmarcadas en su contexto hist\uf3rico. El segundo prop\uf3sito se dirigi\uf3 a establecer las vinculaciones de sus ideas educativas con algunas de las corrientes pedag\uf3gicas del mundo occidental. El tercer objetivo gir\uf3 en torno a la vinculaci\uf3n de la propuesta educativa de Tagore con el paradigma contempor\ue1neo del desarrollo humano y el enfoque de las capacidades. El m\ue9todo aplicado en el trabajo fue la hermen\ue9utica cr\uedtica. En el ensayo se concluye que el pensamiento educativo de Tagore tiene vigencia, guarda similitudes con corrientes de la pedagog\ueda occidental actual y es compatible con el enfoque de las capacidades, a partir de las premisas de creatividad, libertad de pensamiento y potencial transformador de la educaci\uf3n en el \ue1mbito individual y colectivo. Por su esp\uedritu universalista y su vigencia, el pensamiento educativo de Tagore puede ser adoptado como referencia en la formulaci\uf3n de pol\uedticas dirigidas a establecer una educaci\uf3n transformadora de la realidad social. Palabras clave: Rabindranath Tagore, educaci\uf3n, corrientes pedag\uf3gicas, desarrollo humano, capacidades. ABSTRACT This essay put forward three purposes related to the Thought and educational action of the Indian poet Rabindranath Tagore. The first purpose was to describe the sources of his philosophy and his educational practices framed in their historical context. The second purpose dealt with establishing the bonds of his educational thinking with some of the pedagogical currents of the Western world. The third purpose revolved around the connections of his educational thinking with the contemporary paradigm of human development and the capabilities approach. The method applied in the paper was critical hermeneutics. In the essay, it is concluded that Tagore's educational thinking is valid, has similarities with nowadays current western pedagogy and has compatibility with the capabilities approach, based on the premises of creativity, Freedom of Thought and transforming potential of education in the individual and collective area. Due to its universalistic spirit and its validity, Tagore's educational Thought can be adopted as a reference in the formulation of policies aimed at establishing a transforming education of social reality. Keywords: Rabindranath Tagore, education, pedagogical currents; human development, capacities.
Meléndez-rojas, Raudin Esteban - One of the best experts on this subject based on the ideXlab platform.
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El pensamiento educativo de Rabindranath Tagore y su vinculación con el desarrollo humano
Universidad Centroccidental Lisandro Alvarado, 2019Co-Authors: Meléndez-rojas, Raudin EstebanAbstract:This essay put forward three purposes related to the Thought and educational action of the Indian poet Rabindranath Tagore. The first purpose was to describe the sources of his philosophy and his educational practices framed in their historical context. The second purpose dealt with establishing the bonds of his educational thinking with some of the pedagogical currents of the Western world. The third purpose revolved around the connections of his educational thinking with the contemporary paradigm of human development and the capabilities approach. The method applied in the paper was critical hermeneutics. In the essay, it is concluded that Tagore's educational thinking is valid, has similarities with nowadays current western pedagogy and has compatibility with the capabilities approach, based on the premises of creativity, Freedom of Thought and transforming potential of education in the individual and collective area. Due to its universalistic spirit and its validity, Tagore's educational Thought can be adopted as a reference in the formulation of policies aimed at establishing a transforming education of social reality.Este ensayo se planteó tres propósitos relacionados con el pensamiento y la acción educativa del poeta indio Rabindranath Tagore. El primero fue describir las fuentes de su pensamiento y de sus prácticas educativas enmarcadas en su contexto histórico. El segundo propósito se dirigió a establecer las vinculaciones de sus ideas educativas con algunas de las corrientes pedagógicas del mundo occidental. El tercer objetivo giró en torno a la vinculación de la propuesta educativa de Tagore con el paradigma contemporáneo del desarrollo humano y el enfoque de las capacidades. El método aplicado en el trabajo fue la hermenéutica crítica. En el ensayo se concluye que el pensamiento educativo de Tagore tiene vigencia, guarda similitudes con corrientes de la pedagogía occidental actual y es compatible con el enfoque de las capacidades, a partir de las premisas de creatividad, libertad de pensamiento y potencial transformador de la educación en el ámbito individual y colectivo. Por su espíritu universalista y su vigencia, el pensamiento educativo de Tagore puede ser adoptado como referencia en la formulación de políticas dirigidas a establecer una educación transformadora de la realidad social.
Simon Mccarthyjones - One of the best experts on this subject based on the ideXlab platform.
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the autonomous mind the right to Freedom of Thought in the 21st century
Social Science Research Network, 2019Co-Authors: Simon MccarthyjonesAbstract:To lose Freedom of Thought (FoT) is to lose our dignity, our democracy and our very selves. Accordingly, the right to FoT receives absolute protection under international human rights law. However, this foundational right has been neither significantly developed nor often utilized. The contours of this right urgently need to be defined due to 21st century threats to FoT posed by new technologies. As such, this paper draws on law and psychology to consider what the right to FoT should be in the 21st century. 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. 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. 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. This process should hence begin by establishing the core mental processes that enable mental autonomy, such as attentional and cognitive agency. The paper argues that the domain of the right to FoT should be extended to include external actions that are arguably constitutive of Thought, including internet searches and diaries, hence shielding them with absolute protection. It is stressed that law must protect us from threats to FoT from both states and corporations, with governments needing to act under the positive aspect of the right to ensure societies are structured to facilitate mental autonomy. It is suggested that in order to support mental autonomy, information should be provided in autonomy-supportive context and friction introduced into decision making processes to facilitate second-order Thought. The need for public debate about how society wishes to balance risk and mental autonomy is highlighted, and the question is raised as to whether the importance attached to Thought has changed in our culture. The urgency of defending FoT is re-iterated.
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the autonomous mind the right to Freedom of Thought in the twenty first century
Frontiers in Artificial Intelligence, 2019Co-Authors: Simon MccarthyjonesAbstract:To lose Freedom of Thought (FoT) is to lose our dignity, our democracy and our very selves. Accordingly, the right to FoT receives absolute protection under international human rights law. However, this foundational right has been neither significantly developed nor often utilized. The contours of this right urgently need to be defined due to 21st century threats to FoT posed by new technologies. As such, this paper draws on law and psychology to consider what the right to FoT should be in the 21st century. 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. 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. 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. This process should hence begin by establishing the core mental processes that enable mental autonomy, such as attentional and cognitive agency. The paper argues that the domain of the right to FoT should be extended to include external actions that are arguably constitutive of Thought, including internet searches and diaries, hence shielding them with absolute protection. It is stressed that law must protect us from threats to FoT from both states and corporations, with governments needing to act under the positive aspect of the right to ensure societies are structured to facilitate mental autonomy. It is suggested that in order to support mental autonomy, information should be provided in autonomy-supportive context and friction introduced into decision making processes to facilitate second-order Thought. The need for public debate about how society wishes to balance risk and mental autonomy is highlighted, and the question is raised as to whether the importance attached to Thought has changed in our culture. The urgency of defending FoT is re-iterated.
