3. Human rights impacted by neurotechnology
Despite article 18(2) expressly stating that a person
shall not be subject to coercion which impedes their
ability to adopt a belief, there is nothing in the UN
Human Rights Committee’s General Comment on
Article 18 that would extend to considering this in
respect of neurological interference to coerce a
decision – nor any mention of technological means
of doing so.118
With an increasing understanding of the brain, it
is possible that neurotechnologies in coordination
with other technology (geotracking, data gathering
etc) may one day be capable of not only coercing
or manipulating a person’s decisions, but also
discerning their internal thoughts or beliefs. It is
concerning that, despite the protection in Article 18,
this could lead to persecution based on a person’s
belief.
3.3 Right to equality and
non‑discrimination
Emerging technologies (such as AI and FRT)
already pose a serious risk to equality and
non‑discrimination, as bias and discrimination can
be entrenched in algorithms.
In addition to the risk of algorithmic bias within
neurotechnologies themselves, there is also the
risk that neurotechnology may deepen social and
economic divides in a way that violates the right to
equality and non‑discrimination.
Particularly, article 25 UDHR stipulates:
Everyone has the right to a standard of living
adequate for the health and well‑being of himself
and of his family.
Article 2 also states:
Everyone is entitled to all the rights and
freedoms … without distinction of any kind such
as race, colour, sex, language, religion, political or
other opinion, national or social origin, property,
birth or other status.
To prevent deepening inequality, the right to
equal access to mental augmentation has been
proposed by the Neurorights Foundation and the
Neurotechnology Ethics taskforce.119
While neurotechnology devices can restore and
improve brain function, these products can be
expensive and limited only to those who can afford
them (in particular those which are implantable and
used for medical devices, as opposed to cheaper
non‑implantable consumer‑focused products).120
This limits access to potentially life‑changing
enhancements.
However, it is also worth noting that there are more
affordable non‑implantable consumer‑oriented
neurotechnology products, which are priced within
a range of $300 AUD to $800 AUD.121
While these products must be accessible, they
must also be commercially viable to reach the
broadest market – a balance between the public
health benefit of the technology and its commercial
viability is necessary.
The cost of access to neurotechnology may deepen
the equity gaps in society. For example, people
with disability have higher rates of poverty122 and
may be disproportionately impacted by price. As an
example, after an implanting company shut down,
and its software was no longer accessible, some
users incurred an approximate cost of $40,000 USD
to replace their ATI‑made neurostimulator implant
that was rendered obsolete.123
Inherent bias created by the cost of more
expensive products (especially those which require
implantation) may cause companies to operate
under a social media business model, which allows
free services in exchange for collection and use of
data. There is the potential for neurotechnology
companies to similarly advertise discounted
products if customers consent for them to use
their neural data. Already vulnerable communities
may be faced with making decisions effectively
to compromise their right to privacy to access
beneficial technology.
Australian Human Rights Commission
17