Protecting the mental realm: What does human rights law bring to the table?

Abstract

The protection of the mind through human rights law has been receiving increasing attention in recent years. Concerned by rapid developments in neurotechnology, some scholars have suggested the introduction of so-called ‘neurorights’: that is, human rights that specifically aim to protect people's minds against unwanted intrusion by neurotechnology. However, a cautious approach is advisable. Before robust claims about the need for neurorights can be made, it first needs to be examined what protection is currently offered within the existing human rights framework. Adequate safeguards to counter existing and upcoming threats to people's minds may already be available through an analysis of the current spectrum of human rights and fundamental freedoms. In this article, the role that the existing human rights framework could play in protecting people's minds will be examined. To that aim, first the need to protect people's mental sphere will be discussed. Subsequently, the existing human rights and fundamental freedoms will be assessed on their merits in providing adequate protection.