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Tilburg University Research Portal
Part of book or chapter of book . 2025
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Pure Utrecht University
Part of book or chapter of book . 2025
License: taverne
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https://doi.org/10.1017/978100...
Part of book or chapter of book . 2025 . Peer-reviewed
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Freedom of Thought

Absolute Protection of Mental Privacy and Mental Integrity? Considering the Case of Neurotechnology in Criminal Justice
Authors: Ligthart, Sjors; van de Pol, Naomi;

Freedom of Thought

Abstract

In recent discussions on the right to freedom of thought (RFoT) it has been emphasised that for an adequate understanding, development, and application of the right, one should consider how the RFoT relates to or complements other rights, such as the right to mental privacy, mental integrity and the freedom of expression. In this chapter, we examine the interrelationship between the RFoT and the protection of mental privacy and mental integrity. Considering the case of employing emerging neurotechnology in criminal justice, we explore how the absolute protection offered by the RFoT relates to the qualified protection of mental privacy and mental integrity offered by the right to respect for private life. We argue that, depending on the interpretation of these rights, they have the potential to overlap, which raises the need to develop a legal mechanism to distinguish absolute from qualified protection of mental privacy and mental integrity. We suggest three general factors that could be relevant in this regard: (1) the mental effects of an interference and the method of inducing them, (2) the victim’s vulnerability, and (3) the context of a mental interference.

Country
Netherlands
Related Organizations
Keywords

Article 9 ECHR, Mental Integrity, SDG 16 - Peace, Threshold, Freedom of Thought, Mental Privacy, Justice and Strong Institutions

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
2
Top 10%
Average
Average
Fields of Science
Fields of Science
Related to Research communities