This paper analyses recent calls for so called “neurorights”, suggested novel human rights whose adoption is allegedly required because of advances in neuroscience, exemplified by a proposal of the Neurorights Initiative. Advances in neuroscience and technology are indeed impressive and pose a range of challenges for the law, and some novel applications give grounds for human rights concerns. But whether addressing these concerns requires adopting novel human rights, and whether the proposed neurorights are suitable candidates, are a (...) different matter. This paper argues that the proposed rights, as individuals and a class, should not be adopted and lobbying on their behalf should stop. The proposal tends to promote rights inflationism, is tainted by neuroexceptionalism and neuroessentialism, and lacks grounding in relevant scholarship. None of the proposed individual rights passes quality criteria debated in the field. While understandable from a moral perspective, the proposal is fundamentally flawed from a legal perspective. Rather than conjuring up novel human rights, existing rights should be further developed in face of changing societal circumstances and technological possibilities. (shrink)

This paper argues that calls for neurorights propose an overcomplicated approach. It does this through analysis of ‘rights’ using the influential framework provided by Wesley Hohfeld, whose analytic jurisprudence is still well regarded in its clarificatory approach to discussions of rights. Having disentangled some unclarities in talk about rights, the paper proposes the idea of ‘novel human rights’ is not appropriate for what is deemed worth protecting in terms of mental integrity and cognitive liberty. That is best thought of (...) in terms of Hohfeld’s account of ‘right’ as privilege. It goes on to argue that as privileges, legal protections are not well suited to these cases. As such, they cannot be ‘novel human rights’. Instead, protections for mental integrity and cognitive liberty are best accounted for in terms of familiar and established rational and discursive norms. Mental integrity is best thought of as evaluable in terms of familiar rational norms, and cognitive freedom is constrained by appraisals of sense-making. Concerns about how neurotechnologies might pose particular challenges to mental integrity and cognitive liberty are best protected through careful use of existing legislation on data protection, not novel rights, as it is via data that risks to integrity and liberty are manifested. (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...

The idea of a ‘right to mental integrity’, sometimes referred to as a ‘right against mental interference,’ is a relatively new concept in bioethics, making its way into debates about neurotechnological advances and the establishment of ‘neurorights.’ In this paper, we interrogate the idea of a right to mental integrity. First, we argue that some experts define the right to mental integrity so broadly that rights violations become ubiquitous, thereby trivialising some of the very harms the concept is meant (...) to address. Second, rights-based framing results in an overemphasis on the normative importance of consent, implying that neurointerventions are permissible in cases where people consent to have their mental states influenced or read off, a confidence in consent that we argue is misguided. Third, the concept often collapses the ethics of brain inputs and brain outputs, potentially resulting in a loss of important conceptual nuance. Finally, we argue that the concept of a right to mental integrity is superfluous—what is wrong with most violations of mental integrity can be explained by existing concepts such as autonomy, manipulation, privacy, bodily rights, surveillance, harm and exploitation of vulnerabilities. We conclude that bioethicists and policy-makers ought to either make use of these concepts rather than arguing for the existence of a new right, or they need to avoid making rights violations ubiquitous by settling on a narrower and more rigorous definition of the right. (shrink)

The intersection of AI and neurotechnology has resulted in an increasing number of medical and non-medical applications and has sparked debate over the need for new human rights, or “neurorights,”...

Progress in neurotechnology and Artificial Intelligence (AI) provides unprecedented insights into the human brain. There are increasing possibilities to influence and measure brain activity. These developments raise multifaceted ethical and legal questions. The proponents of neurorights argue in favour of introducing new human rights to protect mental processes and brain data. This article discusses the necessity and advantages of introducing new human rights focusing on the proposed new human right to mental self-determination and the right to freedom of thought (...) as enshrined in Art.18 International Covenant on Civil and Political Rights (ICCPR) and Art. 9 European Convention on Human Rights (ECHR). I argue that the right to freedom of thought can be coherently interpreted as providing comprehensive protection of mental processes and brain data, thus offering a normative basis regarding the use of neurotechnologies. Besides, I claim that an evolving interpretation of the right to freedom of thought is more convincing than introducing a new human right to mental self-determination. (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)

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...

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)

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)

The rise of neurotechnologies, especially in combination with artificial intelligence (AI)-based methods for brain data analytics, has given rise to concerns around the protection of mental privacy, mental integrity and cognitive liberty – often framed as “neurorights” in ethical, legal, and policy discussions. Several states are now looking at including neurorights into their constitutional legal frameworks, and international institutions and organizations, such as UNESCO and the Council of Europe, are taking an active interest in developing international policy and (...) governance guidelines on this issue. However, in many discussions of neurorights the philosophical assumptions, ethical frames of reference and legal interpretation are either not made explicit or conflict with each other. The aim of this multidisciplinary work is to provide conceptual, ethical, and legal foundations that allow for facilitating a common minimalist conceptual understanding of mental privacy, mental integrity, and cognitive liberty to facilitate scholarly, legal, and policy discussions. (shrink)

The development and use of advanced and innovative neuroscience, neurotechnology and some forms of artificial intelligence have exposed potential threats to the human condition, including human rights. As a result, reconceptualizing or creating human rights (i.e. neurorights) has been proposed to address specific brain and mind issues like free will, personal identity and cognitive liberty. However, perceptions, interpretations and meanings of these issues—and of neurorights—may vary between countries, contexts and cultures, all relevant for an international-consensus definition and implementation (...) of neurorights. Thus, we encourage reflecting on the proactive inclusion of transnational, cross-cultural and contextual considerations and concerns to contribute to the global discourse. This inclusion does not mean endorsing ethical relativism but rather a call to foster a universal understanding of key concepts and concerns. Including contextual and cultural perspectives may truly anticipate global concerns which could be addressed while developing and implementing neurorights. Consequently, any ethical and/or legal regulatory framework(s) for the translational and transnational use of advanced neuroscience, neurotechnology and some forms of artificial intelligence intended to protect and safeguard human dignity should be contextually and culturally mindful, responsible, respectful and inclusive of not only human rights and fundamental freedoms but also of neurocognitive cultural diversity. (shrink)

In their interesting paper, Susser and Cabrera (2024) apply the contextual integrity framework to brain data and mental privacy. This framework, developed by Nissenbaum (2009) and rooted in digital...

After examining some of the most fundamental aspects of the general concept of ‘neuroright’ in the current discussion, this paper analyzes the concept of ‘the mental’ contained in the very first law of neurorights in the world currently under discussion in the Senate of the Republic of Chile (Bulletin 13.828-19 of the Chilean Senate). It is claimed that the lack of specificity of the target notion might not only posit difficulties for the creation of specific legal frameworks for the (...) protection of subjects from potential misuses of neurotechnologies with access to neural data, but it might also make very difficult the process of decision-taking when interpreting the law. (shrink)

As scholars envision a new regulatory or statutory neurorights schema it is important to imagine unintended consequences if reforms are implemented before their implications are fully understood. This paper critically evaluates provisions proposed for a new Chilean Constitution and evaluates this movement against efforts to improve the diagnosis of, and treatment for, individuals with disorders of consciousness within the broader context of disability law, international human rights, and a capabilities approach to health justice as advanced by Amartya Sen and (...) Martha Nussbaum. Framed in this way, any neurorights regime would need to satisfy several criteria. First it would be obliged to balance both positive and negative rights in the furtherance of human capabilities. Second, it would need to be future oriented and informed about the science it sought to regulate and not fall prey to science fiction fantasies that remain ungrounded in reality. Third, it would need to be specific and avoid generalizations that would lead to conceptual confusion and litigation that could delay scientific progress. Finally, it would need to harmonize novel neurorights with long-established norms in international disability and human rights law. A failure to meet these criteria will destine any novel neurorights regime to the periphery. At this juncture Chile’s nascent constitutional venture into neurorights fails to satisfy these criteria. While there yet may be a role for a more capacious and bivalent articulation of neurorights that account for capabilities and precedent, the current Chilean neurorights reforms are vague and premature. As such they should undergo additional scholarly scrutiny and should not be adopted by other jurisdictions. (shrink)

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)

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...

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...

In research involving patients with implantable brain–computer interfaces (BCIs), there is a regulatory gap concerning post-trial responsibilities and duties of sponsors and investigators towards implanted patients. In this article, we analyse the case of patient R, who underwent non-voluntary explantation of an implanted BCI, causing a discontinuation in her sense of agency and self. To clarify the post-trial duties and responsibilities involved in this case, we first define the ontological status of the BCI using both externalist (EXT) and internalist (INT) (...) theories of cognition. We then give particular focus to the theories of extended and embedded cognition, hence considering the BCI either as a constitutive component of the patient’s mind or as a causal supporter of her brain-based cognitive capacities. We argue that patient R can legitimately be considered both as an embedded and extended cognitive agent. Then, we analyse whether the non-voluntary explantation violated patient R’s (neuro)rights to cognitive liberty, mental integrity, psychological continuity and mental privacy. We analyse whether and how different mental ontologies may imply morally relevant differences in interpreting these prima facie neurorights violations and the correlational duties of sponsors and investigators. We conclude that both mental ontologies support the identification of emerging neurorights of the patient and give rise to post-trial obligations of sponsors and investigators to provide for continuous technical maintenance of implanted BCIs that play a significant role in patients’ agency and sense of self. However, we suggest that externalist mental ontologies better capture patient R’s self-conception and support the identification of a more granular form of mental harm and associated neurorights violation, thus eliciting stricter post-trial obligations. (shrink)

This article discusses recent advancements in neurotechnologies and how they seem to support the Extended Mind Thesis (EMT), while also raising concerns about the mental integrity and privacy of individuals. In Sect. 1 we review recent research carried out at the frontiers of Brain Machine Interfaces (BMIs) and neuromorphic computing. Taking inspiration (Sect. 2) from research in these fields we present -with the help of some imagination- a futurist scenario of complete human-computer integration. We discuss a set of practical benefits (...) and risks associated with the implementation of such a scenario, which -despite being fictional at the time of writing- is likely to be realized soon. We frame our discussion (Sect. 3) in the context of research conducted in the cognitive sciences on the extended mind thesis (EMT). We reflect on the epistemic and ontic aspects underlying such a scenario and argue that EMT finds supports in it. We further problematize (Sect. 4) around the significance of this envisaged scenario for research on neuro-rights. We therefore also discuss a series of ethical challenges related to their potential infringement. We conclude the paper (Sect. 5) by showing that the development of specific neurotechnologies can make the extension of the mind an increasingly pervasive and transformative phenomenon, while raising important concerns about the potential consequences for certain characteristics of individuals that may be crucial to preserve through the introduction of neurorights. (shrink)

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...

Despite its obvious advantages, the disruptive development of neurotechnology can pose risks to fundamental freedoms. In the context of such concerns, proposals have emerged in recent years either to design human rights de novo or to update the existing ones. These new rights in the age of neurotechnology are now widely referred to as “neurorights.” In parallel, there is a considerable amount of ongoing academic work related to updating the right to freedom of thought in order to include the (...) protection of “freedom of thinking” (i.e., freedom of thought itself) and not only its social manifestations. Neurorights such as cognitive liberty, free will, mental freedom, and mental self-determination come into play here. Importantly, freedom of thought has often been considered a prerequisite for all the other fundamental freedoms and rights. In any case, just as other rights require additional legal instruments to guarantee their compliance, substantial neurorights will probably require specific complementary developments in procedural law. In relation to this, there is a long tradition of habeas corpus as an emergency remedy to enforce the rights of a citizen against illegal or arbitrary detention. More recently, the habeas data writ has been proposed and admitted in certain countries to guarantee a person’s ownership of their personal data. In this article, we propose to expand this procedural apparatus by incorporating a third habeas, which we call habeas cogitationem: a writ aimed primarily at enforcing the right to freedom of thinking (and, subsidiarily, the rest of neurorights) against direct, harmful interferences in a person’s thought process by both public and private perpetrators. (shrink)

This issue’s target articles cover some of the most hotly debated topics in neuroethics: neurorights and the potential establishment of international governance frameworks for neurotechnology. The...

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...

Thomas Aquinas holds that the actual content of our thought is not accessible for any creature, and that free will cannot be superseded. These theses are founded on the spiritual condition of our intelligence and will, which makes them directly invulnerable to any intervention on our body. On the other hand, he enthrones the will as the keeper of interiority: it precludes a full transparency that would make our free decision to communicate superfluous, and it exert an inalienable control over (...) the action through which we direct ourselves to the good. In this sense, Aquinas departs from reductionist accounts, which either refuse the existence of free will, suppressing the reason to protect its expression, or face the difficulty of explaining the meaning and justification of the rights that are claimed for free will. However, Thomas Aquinas admits the possibility of indirectly accessing our minds through the knowledge of brain states and of influencing our will through passions by means of alterations of our organisms. Although this possibility was not within the reach of the human being in his time, he considered it was within the reach of separated substances. The consideration of the limits of their perspicacity and control sheds light on the possibilities that neurotechnology can allow in the future. The existence of an unassailable stronghold that guarantees our interiority and free will legitimates our right to be respected but does not make their protection superfluous. (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...

One of the most prominent ethical concerns regarding emerging neurotechnologies is mental privacy. This is the idea that we should have control over access to our neural data and to the information about our mental processes and states that can be obtained by analyzing it. A key issue is whether this information needs more stringent protection than other kinds of personal information. I will articulate and support the view, underlying recent regulatory frameworks, that mental privacy requires a special treatment because (...) of its relation to relevant aspects of personal identity. It has been suggested that this approach could be supported by the idea that mental privacy constitutes a fundamental psychological dimension of privacy. The connection between this psychological view of privacy and identity can be traced back to Irwin Altman’s idea that privacy is an interpersonal boundary regulation process. However, it is not clear whether this notion of privacy can be associated with a conception of identity that is relevant in contemporary neuroethics. I will suggest that the narrative and relational approach to identity, a prominent view in recent ethical discussions of neurotechnology, lines up with key aspects of Altman’s proposal. I suggest that if mental privacy is an essential component of identity, the latter could be affected by technological mind-reading. (shrink)

International institutions such as UNESCO are deliberating on a new standard setting instrument for neurotechnologies. This will likely lead to the adoption of a soft law document which will be the first global document specifically tailored to neurotechnologies, setting the tone for further international or domestic regulations. While some stakeholders have been consulted, these developments have so far evaded the broader attention of the neuroscience, neurotech, and neuroethics communities. To initiate a broader debate, this target article puts to discussion twenty-five (...) considerations and desiderata for recognition by a future instrument. They are formulated at different levels of abstraction, from the big picture to technical details, seek to widen the perspective of preparatory reports and transcend the narrow debate about “neurorights” which overshadows many richer and more relevant aspects. These desiderata are not an exhaustive enumeration but a starting point for discussions about what deserves and what requires protection by an international instrument. (shrink)

Advancements in novel neurotechnologies, such as brain computer interfaces and neuromodulatory devices such as deep brain stimulators, will have profound implications for society and human rights. While these technologies are improving the diagnosis and treatment of mental and neurological diseases, they can also alter individual agency and estrange those using neurotechnologies from their sense of self, challenging basic notions of what it means to be human. As an international coalition of interdisciplinary scholars and practitioners, we examine these challenges and make (...) recommendations to mitigate negative consequences that could arise from the unregulated development or application of novel neurotechnologies. We explore potential ethical challenges in four key areas: identity and agency, privacy, bias, and enhancement. To address them, we propose democratic and inclusive summits to establish globally-coordinated ethical and societal guidelines for neurotechnology development and application, new measures, including “Neurorights,” for data privacy, security, and consent to empower neurotechnology users’ control over their data, new methods of identifying and preventing bias, and the adoption of public guidelines for safe and equitable distribution of neurotechnological devices. (shrink)

The increasing diffusion of novel digital and online sociotechnical systems for arational behavioral influence based on Artificial Intelligence (AI), such as social media, microtargeting advertising, and personalized search algorithms, has brought about new ways of engaging with users, collecting their data and potentially influencing their behavior. However, these technologies and techniques have also raised concerns about the potential for manipulation, as they offer unprecedented capabilities for targeting and influencing individuals on a large scale and in a more subtle, automated and (...) pervasive manner than ever before. This paper, provides a narrative review of the existing literature on manipulation, with a particular focus on the role of AI and associated digital technologies. Furthermore, it outlines an account of manipulation based of four key requirements: intentionality, asymmetry of outcome, non-transparency and violation of autonomy. I argue that while manipulation is not a new phenomenon, the pervasiveness, automaticity, and opacity of certain digital technologies may raise a new type of manipulation, called “digital manipulation”. I call “digital manipulation” any influence exerted through the use of digital technology that is intentionally designed to bypass reason and to produce an asymmetry of outcome between the data processor (or a third party that benefits thereof) and the data subject. Drawing on insights from psychology, sociology, and computer science, I identify key factors that can make manipulation more or less effective, and highlight the potential risks and benefits of these technologies for individuals and society. I conclude that manipulation through AI and associated digital technologies is not qualitatively different from manipulation through human–human interaction in the physical world. However, some functional characteristics make it potentially more likely of evading the subject’s cognitive defenses. This could increase the probability and severity of manipulation. Furthermore, it could violate some fundamental principles of freedom or entitlement related to a person’s brain and mind domain, hence called neurorights. To this end, an account of digital manipulation as a violation of the neuroright to cognitive liberty is presented. (shrink)

Intelligent neurotechnology is an emerging field that combines neurotechnologies like brain-computer interface (BCI) with artificial intelligence. This paper introduces a capability framework to assess the responsible use of intelligent BCI systems and provide practical ethical guidance. It proposes two tests, the threshold and flourishing tests, that BCI applications must meet, and illustrates them in a series of cases. After a brief introduction (Section 1), Section 2 sets forth the capability view and the two tests. It illustrates the threshold test using (...) examples from clinical medicine of BCI applications that enable patients with profound disabilities to function at a threshold level through computer mediation. Section 3 illustrates the flourishing test by exploring possible future applications of BCI involving neuroenhancements for healthy people, using examples adapted from research currently underway in the US military. Section 3 applies a capability lens to a complex case involving dual effects, both therapeutic and non-therapeutic, showing how the threshold and flourishing tests resolve the case. Section 4 replies to three objections: neurorights are the best tool for assessing BCI; the two tests are moving targets; and the analysis utilizes a capability view to do work it is not designed for. The paper concludes that a capability view offers unique advantages and gives practical guidance for evaluating the responsible use of present and future BCI applications. Extrapolating from our analysis may help guide other emerging technologies, such as germline gene editing, expected to impact central human capabilities. (shrink)

Many technology ethicists hold that the time has come to articulate _neurorights_: our normative claims vis-à-vis our brains and minds. One such claim is the right to _mental integrity_ (‘MI’). I begin by considering some paradigmatic threats to MI (§1) and how the dominant autonomy-based conception (‘ABC’) of MI attempts to make sense of them (§2). I next consider the objection that the ABC is _overbroad_ in its understanding of what threatens MI and suggest a friendly revision to the ABC (...) that addresses the objection (§3). I then consider a second objection: that the ABC cannot make sense of the MI of the _non-autonomous_. This objection appears fatal even to the revised ABC (§4). On that basis, I develop an alternative conception on which MI is grounded in a plurality of simpler capacities, namely, those for _affect_, _cognition_, and _volition_. Each of these more basic capacities grounds a set of fundamental interests, and they are for that reason worthy of protection even when they do not rise to the level of complexity necessary for autonomy (§5). This yields a fully general theory of MI that accounts for its manifestations in both the autonomous and the non-autonomous. (shrink)

In recent years, different proposals articulate specific rights for the regulation of neurotechnology, also known as "neurorights". A central concern regarding neurotechnological applications is that of mental privacy. This is the idea that we should have control over access to our neural data and the information about our mental processes and states that can be obtained by analyzing them. After proposing a detailed conceptualization of mental privacy, I will argue that the protection of this right is relevant because it (...) is at the basis of two fundamental ethical and legal dimensions of persons, identity and autonomy. I claim that mental privacy is presupposed by the relational conception of identity, and that this connection allows us to identify some limitations of current data privacy regulations. I then argue that relational identity is presupposed by the notion of autonomy, and this connection highlights relational dimensions of this concept that are not adequately articulated in current relational theories of autonomous action. This implies that the protection of mental privacy is also necessary for the protection if this second ethical and legal dimension of persons. (shrink)