These are just a few examples of the increasing sophistication of neurotechnology. However, they also demonstrate that neurotechnologies inevitably raised significant concerns regarding possible human rights violations.51 For example, if mice can be controlled, could the technology be used to manipulate human thoughts and actions? Neurotechnology, especially when used in conjunction with AI, draws into question the traditional boundaries placed around an individual’s internal thoughts and processes. There is a growing body of literature and international policy which considers the need to ensure that human rights frameworks protect the mind of an individual. It is likely that neurotechnologies will only become more pervasive and embedded in the everyday lives of individuals over the coming decade.52 While it is important to harness the benefits of neurotechnologies, there must also be greater scrutiny of the legal, ethical and safety implications of its development and deployment. Government, academics, policymakers and civil society are starting to work towards protecting the human mind from the human rights risks. However, despite significant discourse in this field there are divergent opinions. 2.1 Protecting the human mind There are three broad approaches to protecting the human mind from the adverse impacts of neurotechnologies according to the relevant literature. The first school of thought claims that it is necessary to create novel human rights which specifically protect the brain. This is on the basis that existing fundamental rights and freedoms are insufficient to protect against the misuse of neurotechnology. When traditional rights and freedoms were introduced, the ability to monitor, store and alter neural activity was science fiction, barely conceivable as being real. Accordingly, new rights may be necessary due to the impact of neurotechnologies.53 The proposal of novel rights has generated lively debate as many question their necessity, effectiveness and if it might lead to ‘rights inflation’.54 The second school of thought provides that adaptive interpretations and applications of existing rights and freedoms are required to protect the brain. Those proposing such an approach generally agree with the view of the first school of thought, that existing rights and freedoms in their current form and application offer inadequate protection. However, these advocates believe it is preferable to further interpret existing human rights law to ensure protection from the misuse of neurotechnologies. There are certainly existing rights, provided for by international human rights law and various regional bodies, which can be positioned to address neurotechnologies, with the right to privacy, the right to freedom of thought, and the right to bodily integrity being clear examples.55 The final group considers that no novel rights or new interpretations are necessary to protect the human mind. This position is largely outdated and rarely raised.56 2.2 Neurorights ‘Neurorights’ is an umbrella term often taken to encompass several rights related risks to the human mind.57 There is no consensus across civil society or academia on the exact content of these rights or their mode of application (i.e. if they should be embedded as new human rights or via further interpretation of existing rights).58 Several bodies are considering ways in which international neurorights can best protect the human mind, most notably the United Nations Advisory Body to the Human Rights Council’s inquiry into neurotechnology and human rights. While existing human rights already protect against the misuse or abuse of neurotechnologies in certain ways, novel ‘neurorights’ raise questions about the sufficiency of these existing rights.59 The question of whether it is best to introduce novel neurorights or to adapt existing human rights requires careful consideration. One key risk of introducing new rights is that it may contribute to the phenomenon of ‘rights inflation’ which threatens to dilute the core idea (and universal nature) of human rights.60

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