NEURO-RIGHTS AS A NEW FRONTIER OF HUMAN RIGHTS: A CASE OF RECOGNITION AND PROTECTION

Abstract

With the advances in neuroscience and neuro-technology accelerating, the boundary between human cognition and digital systems becomes increasingly blurred, raising urgent ethical and legal concerns. This paper explores neuro-rights as an emerging frontier in human rights discourse, and advocates for their formal recognition and protection. Neuro-rights encompass safeguarding individuals from unauthorized access to and manipulation of their neural data, ensuring cognitive liberty, mental privacy, and identity preservation. Employing a doctrinal approach, this study combines qualitative analysis of existing literature and case studies with quantitative surveys assessing public perceptions of neuro-technologies. Key issues identified include the absence of robust legal protections for neural data, the potential for exploitation through emerging technologies, and the inadequacy of current human rights frameworks to address these challenges. In light of these findings, this paper emphasizes the critical need for the inclusion of neuro-rights in both national and international human rights frameworks. It highlights the ethical, legal, and social implications of technologies such as brain-computer interfaces (BCIs) and neuroimaging, which present opportunities for innovation but also significant risks. To address these challenges, the study recommends the establishment of comprehensive legal standards specifically focused on neuro-rights. Such standards are essential to ensuring that neurotechnological innovations respect human autonomy, dignity, and mental integrity, thereby protecting individuals in an increasingly digitized world. By analyzing current scientific advancements, legislative efforts, and philosophical debates, this paper advocates for a proactive legal framework that upholds the rights of individuals in the face of rapid technological change.