Neurotechnology and human rights in Europe: Towards a legal-neuroethical framework (CA-EN)

Abstract

Neurotechnology is advancing rapidly and offers revolutionary benefits, yet it also raises significant ethical and legal challenges. This article examines how the European human rights framework addresses these challenges, with particular attention to the emerging concept of “neurorights”, which include cognitive liberty, mental privacy, mental integrity, and psychological continuity. European Union law and the European Convention on Human Rights provide strong protection for privacy, data, and freedom of thought, but because these instruments were not designed with neurotechnology in mind, they present substantial gaps in protection. A comparative analysis with the case of Chile, where neurorights have been constitutionally recognised, highlights both the urgency and the feasibility of legal adaptation. The article proposes a European legal and neuroethical framework to proactively safeguard mental autonomy, including reinforced protections for brain data, explicit recognition of cognitive liberty, ethical oversight mechanisms, and citizen participation. It also recommends integrating neurorights into EU legislation, reinterpreting existing human rights in light of neurotechnological developments, and fostering international cooperation to ensure consistent standards. Ultimately, the article presents the protection of the mind against unauthorised access or manipulation as the new frontier of human rights. Europe, with its strong legal tradition, is in a privileged position to lead the incorporation of these safeguards and to ensure that neurotechnology evolves in harmony with human dignity, freedom, and justice.

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