Chile, recently, became the first country in the world to legislate on neurorights by approving a bill and a corresponding amendment to the Chilean Constitution. The law sets out to protect ‘human psyche’ from advancement in neuroscience and has been approved by the Chamber of Deputies and the Senate.
The push for recognition of neurorights gained momentum in 2019 when Rafale Yuste, a neurobiologist, successfully implanted images in the brains of mice and controlled their behaviour. This raised several ethical and legal questions on mental privacy and personal identity. Neurorights calls for the development of a legal framework that seeks to protect human rights violation by regulating neurotechnology advancements. Guido Gerardi, the opposition senator, pushed for the amendment in Chile. The amendment recognises ‘mental identity’ as a non-manipuable right against advancements in neurosciences and technology. It prohibits any scientific development from increasing, diminishing and disturbing the brain and its activity with the consent of an individual. The bill provides for five basic rights – the right to mental privacy, personal identity, free will, just and equitable access to technological advancements, and protection from discriminatory algorithmic practices. The bill prohibits compelling individuals to give neural data as well as prohibits the buying and selling of neural data - only donating it for ‘altruistic’ purposes is permitted. Some experts have expressed concerns stating that the legislations maybe pre-mature and that self-regulation by the industry is a better option. However, it is important to recognise that the discussion it has spurred is of vital importance towards protection of human rights in the fast-changing technological world. Suggested Readings: https://www.forbesindia.com/article/forbes-lifes/in-the-face-of-neurotechnology-advances-chile-passes-neuro-rights-law/70767/1 https://www.scientificamerican.com/article/the-rise-of-neurotechnology-calls-for-a-parallel-focus-on-neurorights/ https://restofworld.org/2021/chile-neuro-rights/ Read more on Neurorights here: https://neurorightsfoundation.org/news
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