Neurorights were first articulated in response to perceived threats from advances in neurotechnology and artificial intelligence (AI). They purport to protect people’s cognitive capabilities agains...

The increasing availability of brain data within and outside the biomedical field, combined with the application of artificial intelligence (AI) to brain data analysis, poses a challenge for ethics and governance. We identify distinctive ethical implications of brain data acquisition and processing, and outline a multi-level governance framework. This framework is aimed at maximizing the benefits of facilitated brain data collection and further processing for science and medicine whilst minimizing risks and preventing harmful use. The framework consists of four primary (...) areas of regulatory intervention: binding regulation, ethics and soft law, responsible innovation, and human rights. (shrink)

Neurorights, as “new human rights,” have been increasingly recognized in the literature. In the Neurorights Initiative, these rights are supposed to be directed toward mental privacy, free will, pe...

In this article, we propose a philosophical exploration on the main problems involved in two neurorights that concern autonomous action, namely free will and cognitive liberty, and sketch a possible solution to these problems by resourcing to a holistic interpretation of human actions. First, we expose the main conceptual and practical issues arising from the neuroright to “free will,” which are far from minor: the term itself is denied by some trends participating in the neurorights debate, the related concept of (...) ultimate control is also disputed, the understanding of free will depends on cultural context, and the exercise of being free to act in several domains may be covered by other regulations. Second, we analyze the historical origin of cognitive liberty, its current status, and its relation with free will. Third, we criticize the concept of decision in mainstream action theory and propose to conceive action as a unified process constituted by three explanatory, non-sequential dimensions: intention, decision, and action realization. Fourth, we discuss two possible cases involving neurotechnologies and suggest ways to interpret them according to a unified framework in which free will and cognitive liberty fall under a single neuroright to personal autonomy. Finally, we outline a recommendation to introduce freedom of thought and personal autonomy as complementary neurorights to protect both the internal and external dimensions of thought and action. (shrink)

In their article, Herrera-Ferra et al. (2023) highlight how the progress and implementation of neurotechnology, especially in conjunction with artificial intelligence, have revealed potential impli...

A pressing worry in the ongoing neurorights debate is the language used to advocate for newly proposed rights. This paper addresses this concern by first examining the partial and ambiguous associations between mind reading and neurotechnology, often cited by advocates in support of the right to mental privacy. Secondly, it addresses the conceptual foundations of mind reading, distinguishing between natural, digital, and neurotechnological forms. These distinctions serve to highlight the normative parallels in privacy vulnerabilities between neurotechnology and other mind-reading methods, (...) with an emphasis on multimodal digital systems. I suggest that authentic safeguards for the mental realm demand an expansion of the protective ambit beyond brain-targeted devices to recognize the spectrum of mind-reading applications. Ultimately, this urges re-evaluation of the scope and justification of a right to mental privacy owing to the need for coherent frameworks in an increasingly interconnected digital landscape. (shrink)

As is usually the case with other topics addressed by neuroethics, a rigorous analysis of neurorights requires an interdisciplinary approach. In response to this need and in the context of the global expansion of regulatory initiatives on neurorights, we coordinated, under the auspices of the International Center for Neuroscience and Ethics (CINET), an introductory course on neurorights from a neuroscientific perspective. The course, aimed at sixty students from diverse backgrounds (neuroscience, psychology, and law, among others), consisted of a 10-hr training (...) that showed the current approaches and discussions on neurorights and outlined cutting-edge technologies to register, analyze, and manipulate human brain activity from a realistic stance. The course succeeded in discarding some concerns and uncovering others not frequently found in the neurorights discussions. The most pressing issues identified were protecting brain data privacy, combating bias in algorithms used in neurotechnology, and improving informed consent mechanisms for interventions with invasive neuroscientific techniques. (shrink)

Herrera-Ferrá et al.’s (2023) attention to the cultural context of the neurorights movement contributes to the growing conversation on establishing neurorights in response to advancements in neuros...

With the rapid advance in emerging neuroscience and neurotechnology, scholars and practitioners have urged the necessity of a governance framework and promoted the notion of “neurorights.” It refer...

While neurorights are emerging as a potentially novel set of human rights in an age of neurotechnologies, most scholarly and policy debate to date has focused on defining and justifying these norms and their connection to existing rights. This article instead assumes some form of neurorights claims will find recognition in at least some existing or novel law and seeks to anticipate potential legal and regulatory hurdles to the successful implementation of this class of norms. After reviewing the ongoing conversations (...) around neurorights and reflecting on the move towards their legal construction, we draw on insights from fields including international law, political economy, and regulatory theory to identify and consider likely hurdles or coming challenges to implementation, including rights balancing, legal fragmentation, appropriate remedies, and issues around transnational and nonstate action and enforcement. The article then presents a research agenda calling for further analysis of these and other implementation challenges and reflects on how assessing these considerations in advance could inform better policy and advocacy. (shrink)

In their article, Herrera-Ferrá et al. (2023) mention the publication by Yuste et al. (2021) where they pointed out that “currently, there is no international consensus on what constitutes neuro-ri...

As Herrera-Ferrá et al. (2023) carefully explain, the contentious legacy of human rights should not prevent the re-crafting of particular ethico-legal responsibilities and obligations focal to the...