It has previously been suggested that existing treaties do not offer the robust and comprehensive human rights protection that a neurotechnological world requires. Instead, they advocate that today’s era calls for a novel protective framework of neurorights.61 The neurorights of mental integrity and mental privacy are partly protected by international and regional instruments such as the: Given the profound ways in which neurotechnology can change the way people live, there has been great attention paid to how the boundaries of the brain and mental lives of people can be protected. ƒ European Convention on Human Rights (ECHR) The Universal Declaration of Human Rights (UDHR) provides a set of agreed fundamental rights and freedoms to guide how all humans should treat others and be treated. Since its adoption in 1948, it has been followed by binding international human rights instruments, such as the International Covenant on Civil and Political Rights (ICCPR), which has been adopted by 173 countries, covering 90% of the world’s population.62 International Covenant on Civil and Political Rights (ICCPR) adopted by 173 countries covering % 90 of the world’s population Since 1948, technology has redefined how humans live and interact with one another. While much of this usage has led to improvements in quality of life, the widespread adoption of digital technologies also brings significant challenges, including challenges to human rights. Neurotechnology poses an especially novel risk to human rights as it can leap the boundary between the external world and the internal human mind, invading our private emotions, thoughts and memories. The brain is what makes us who we are as individual human beings. While neurotechnologies present many opportunities for scientific and medical breakthroughs, human rights must be protected, as this technology poses special risks because of its interaction with the human brain. The real challenge of this technology will be how to create frameworks and guardrails to protect against human rights violations – responding to the current risks posed by the technology, and forward thinking and flexible enough to adapt as the technology improves. 10 ƒ ICCPR ƒ American Convention on Human Rights (ACHR) ƒ Charter of Fundamental Rights of the European Union (CFR)63 ƒ Model Law on Neurorights for Latin America and the Caribbean.64 This has been further built upon by projects to determine the prospective scope of establishing human rights in respect of thoughts, emotions, and other mental states, both now and in the future.65 These projects have been initiated by organisations such as the: ƒ United Nations ƒ Inter‑American Juridical Committee ƒ Committee on Bioethics of the Council of Europe ƒ United Nations Educational, Scientific and Cultural Organization (UNESCO) ƒ Organization for Economic Co‑operation and Development (OECD).66 The significant attention being focused on neurotechnology and human rights is largely in response to the novel challenges the technology poses.67 In one publication by Dr Allan McCay, an expert on neurotechnology and Deputy Director of the Sydney Institute of Criminology, several pertinent legal and ethical questions are posed: What if a person commits a criminal act by using the implanted microchip. Who would be responsible for the criminal violation? So, if another person somehow manages to control the electronic device to commit a violation, how would the courts address the legal issues? In essence, how do we regulate human mental capacity? There are other questions that can come up when implementing this technology. For example, could solicitors one day be instructed to use a microchip to enhance their mental capabilities? Could the courts force known offenders to use special microchips, so their brain activities are monitored and controlled by a government agency?68 Protecting Cognition: Background Paper on Human Rights and Neurotechnology

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