The Regulation of Neurorights in National Legislation: What Should be Kept in Mind?

Abstract

The rapid development of neurotechnologies and achievements in their practical application, as well as the increasing use of methods based on the application of artificial intelligence, represent a great reason for satisfaction, but also for concern about possible cases of their abuse. For this reason, the importance of the existence of rules, so called neurorights, that should guarantee adequate protection and preservation of the human brain and mind, is emphasized in the literature. Those rules are not only constructed at the theoretical level, but gradually become part of the normative framework of various countries and are increasingly discussed at the international level. Although there are numerous studies on neurorights, especially from the perspective of the debate on whether there is a need to regulate them as new human rights, the question of how this could be done by national legislation has not yet entered the narrower focus of research attention. To this end, by using the relevant literature, as well as the existing normative framework of various countries that regulate neurorights, the author of this article tries to contribute to discussions related to neurorights and to stimulate scientific interest in further reflection and research on the topic.