The obtainment and use of neuroscientific knowledge in france legal requirements and implications

Abstract

As a reaction to the rapid developments in modern neurosciences, the French legislator proposed the implementation of neuroscientific rules in the French Law on Bioethics in January 2010. Neuroscientific research has indeed not yet been covered by any national code or international treaty and opinions are highly divided with a view to the legal framework for neuroscientific research. Notably incidental findings in brain imaging research pose a big challenge for both the researcher and the participant. They might cause psychological distress, social stigma, and severe financial burdens on the participant's side and the researcher might be confronted with civil claims for damages or even render himself liable to prosecution. Therefore, it is going to be analyzed in a first step if the insertion of neurospecific rules in the Law on Bioethics could shed light on the management of incidental findings and the regulation of neuroscientific research. Another important issue in neurolaw is that of the recent application possibilities of neuroimaging techniques such as the use of fMRI scanners as lie detectors in courts or as communication methods for vegetative state patients. Even if these procedures are not yet a daily occurrence in France, it is an important time to consider the civil, criminal, and constitutional consequences in a second step.