Neuro-Rights - History, General Overview, and the Connection with Transhumanism and Emerging Technologies

Abstract

The paper analyzes the concept of neuro-rights in the context of the accelerated development of neurotechnologies and their convergence with artificial intelligence. Starting from the theoretical grounding of the notion and its recent evolution in the specialized literature, the study highlights the need to expand the framework of fundamental human rights to include the protection of brain activity, mental privacy, and cognitive autonomy. The main risks generated by brain-computer interfaces, neural implants, AI systems capable of interpreting EEG or fMRI signals, as well as augmented and virtual reality technologies are examined, with particular emphasis on vulnerabilities related to mental surveillance, cognitive manipulation, and algorithmic discrimination. The article presents the five fundamental neuro-rights proposed by the NeuroRights Initiative - mental privacy, personal identity, cognitive autonomy, equitable access to neurotechnology, and protection against algorithmic bias - and correlates them with existing international legal instruments (UDHR, ECHR, the Oviedo Convention). It also analyzes the constitutional precedent of the Republic of Chile (2021), which explicitly recognized the protection of brain activity, as well as the recommendations formulated by UNESCO, the OECD, and the WHO. Finally, the paper highlights the connection between neuro-rights and transhumanism, showing that the legal regulation of interventions on the brain is becoming essential for safeguarding human dignity and preventing new forms of cognitive inequality. Neuro-rights are presented as a necessary and preventive extension of fundamental rights, intended to ensure the protection of the individual in the face of the technological transformations of the twenty-first century