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Updated: Oct 3, 2025
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Perspectives on Neuroscience
Published on: July 31, 2007
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Novel Neurorights: From Nonsense to Substance
1Faculty of Law, Universität Hamburg, Rothenbaumchaussee 33, 20148 Hamburg, Germany.
Neuroethics
|February 14, 2022
Summary
This paper argues against adopting new "neurorights" due to advances in neuroscience. It suggests strengthening existing human rights is a better legal approach than creating novel ones.
Area of Science:
- Neuroscience and Law
- Human Rights Law
Background:
- Rapid advancements in neuroscience and technology present novel challenges for legal frameworks.
- Emerging neuro-technologies raise legitimate human rights concerns requiring careful consideration.
Purpose of the Study:
- To critically analyze the concept and proposals for "neurorights".
- To evaluate the legal and scholarly basis for adopting new human rights in response to neuroscientific progress.
Main Methods:
- Analysis of recent calls for neurorights, including specific proposals.
- Critique of neurorights based on established legal scholarship and quality criteria for rights.
Main Results:
- The proposed neurorights are deemed unsuitable due to rights inflationism, neuroexceptionalism, and lack of scholarly grounding.
- Individual neurorights fail to meet established criteria for human rights.
Conclusions:
- The adoption of novel neurorights is not legally sound and should be halted.
- Existing human rights should be adapted and developed to address challenges posed by neuroscience and technology.
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