Neurorights

The aim of the project is to determine the existing State and business human rights obligations in the area of neurotechnologies and assess whether recognition of new human rights is essential to adequately protect individuals from the unintended consequences of the application of such technologies.

The term 'neurotechnologies' refers to devices and procedures used to access, monitor, investigate, assess, and/or manipulate the structure and function of neural activity (OECD 2019). Recent years have brought significant developments in this area, such as neuroimaging or brain-computer interfaces.

The development of neurotechnologies raises questions on the adequacy of the existing legal framework to address challenges such as protecting free will, human dignity, personality, and privacy. An increasing number of scholars call for the recognition of neurorights, such as the right to mental privacy or the right to equal access to mental augmentation. These claims laid down the grounds for the resolution on neurotechnologies and human rights adopted by the Human Rights Council in 2022 (A/HRC/51/L.3). On the national level, the most far-reaching legislative response emerged in Chile. In 2021, the Chilean parliament unanimously approved a constitutional amendment to explicitly protect mental integrity and brain activity. In 2023, Chile’s Supreme Court recently dealt with the world’s first neurorights case, setting a global precedent.

The project will offer, for the first time, a multilevel analysis that integrates the perspectives of scientists (analysis of literature from law, ethics, and neuroscience), industry (analysis of patents), and human rights lawyers (analysis of legal framework).

The analysis of international human rights law is primarily based on UN treaties, UN Guiding Principles on Business and Human Rights (UNGPs), and documents adopted by UN treaty bodies (General Comments, Concluding Observations).

Summary:

• Title: Do we need the recognition of neurorights? The scope of State and business actors' human rights obligations in the area of neurotechnologies
• Project Team: Łukasz Szoszkiewicz (Principal Investigator), to be completed
• Funding: National Science Centre
• Timeframe: October 2024 – September 2028