Neuroscienze, tecnologia e diritti: problemi nuovi e ipotesi di tutela

The possibilities of knowledge and the results achieved by neuroscience have had a far from negligible effect on the current legal scene. If at first glance neuroscience and law may seem extraneous disciplines, based on intrinsically different languages, on closer examination we realize that, inevitably, “neuroscience matters to law”.

Faced with the need to ensure and, at the same time, develop adequate protection mechanisms, the concept of Neurorights would identify a new category of human rights, as a response to the impact of the progress of neuroscientific studies and the development of certain neuroscientific tools (such as brain stimulation devices, brain computer interfaces). Therefore, starting from a brief description of the new researching field of Neurolaw, the reflection will continue focusing on the concept of neurorights, trying to understand how the formulation of new rights can help to calibrate the legal response to the new needs for protection due to progress in the neuroscientific sector.