Human Dignity and neurorights in the Digital Age

Abstract

In this paper we explore the emerging field of neurorights, which has gained significance due to the advancements in neurotechnologies and artificial intelligence. The once-fictional notion of mind invasion or manipulation by technological devices has now become a pressing concern, necessitating further study and legal regulation. Neurorights encompass a range of rights associated with the interface between neuroscience and law, including brain-machine interfaces, wearable and implantable devices, and advanced algorithms. This article seeks to define and classify neurorights, providing a systematic framework for their study. It also delves into the complex concept of human dignity, examining how neurorights relate to this fundamental principle. The paper begins by tracing the evolution of neurorights studies and classifications, highlighting the global research movement in this area. It then explores existing and proposed regulations concerning neurorights, with a specific focus on the innovative Charter of Digital Rights being developed in Spain. The authors argue that human dignity serves as the foundational principle for neurorights, emphasizing its importance in shaping the discourse and implementation of these rights. Although this article presents an introductory approach to the topic, it contributes to the ongoing discussion on neurorights. By addressing the need for further research and regulation, this paper aims to raise awareness and foster a comprehensive understanding of the challenges and opportunities posed by the intersection of neuroscience and law.