Transcending The Notions Of Human Rights In The Age Of Neuroscience

Abstract

With boom in the genome project and its legal instrumentalities, the need for recognizing neuro- rights as basic human rights is the need of the hour. While setting a backdrop to human rights, the paper analyses existing literature review on neuro-rights through the lens of human rights. Building on this, the research gap is identified and objectives of this research is set forth. With an interdisciplinary approach, neurotechnology and the law is explored in light of 5 key rights of cognitive liberty, mental privacy, psychological continuity, and mental illness. Following which, the White and Gonsalves model is discussed whereby human rights grounded in human brain are sought in context of international human instrumentalities of UDHR, ECHR and ICCPR. The paper dwells into the dependence of neurolaw in courtrooms is dwelled in light of the recent Chile Act recognising neuro-rights as a wholistic concept. With empirical research, the nexus between neurotechnological advancements and human rights is analyzed. On a concluding note, the write-up presents several suggestions to bridge the gap in the existing legal framework.