Human rights law: an incomplete but flexible framework to protect the human mind against neurotechnological intrusions

Abstract

ABSTRACT Calls to adopt neurorights in the international human rights framework in order to address the challenges raised by neurotechnology are growing louder. By contrast, various scholars point out that the introduction of such neurorights would be premature considering that the adequacy of existing human rights in addressing these challenges should first be thoroughly investigated. In this analysis, it will be examined whether the existing human rights framework can offer adequate protection against the threats neurotechnology poses to the human mind. First, ongoing developments in neurotechnology will be explored. Second, critical considerations will be formulated regarding the introduction of neurorights. Third, a detailed analysis will be conducted on how existing human rights law might counter the ethical concerns neurotechnology gives rise to. By way of conclusion, it will be argued that, through an evolutive interpretation of its provisions, this framework might already be able to aptly address these concerns.