De iure condendo perspectives on Neurorights: Regulation V Deregulation approach in the Age of Human Rights

This essay analyses the debate on neurorights, examining the European Union’s human rights-based regulatory approach and the opposite deregulation approach present in the discussion of neurotechnologies. It argues that the deregulation approach is based on an ideological dichotomy between innovation and regulation, which is normatively incompatible with the European legal framework’s obligation to protect fundamental rights. In addition, this work explores two strategies – the creation of new rights and the reinterpretation of existing ones – and asserts that clarifying their legal and philosophical foundations is the essential next step. This paper concludes that the human rights approach is the most suitable path for governing neurotechnologies.