Freedom of thought

Freedom of thought could be viewed as a safeguard applicable to the stage prior to the physical i.e., substantive expression of thoughts, meaning the expression of thoughts “towards the outside world”. Therefore, freedom of thought is included in the “so-called” absolute freedoms given that thoughts cannot be limited. Only after the expression of one’s thoughts may thoughts be limited, not on the basis of Article 9(2) of the ECHR but on the basis of Article 10(2) of the ECHR (the right to freedom of expression).¹⁶²⁷ However, in cases where certain “expression” cannot be defined as a thought (because it relates to a pure defamation case), such an expression of thoughts cannot fall under the protection of freedom of thought.¹⁶²⁸