Brain-computer interface: to be a robot or not to be : a HRBA to BCIs, a step back from neurorights and a throwback to neuroethics

Abstract

Although Brain-Computer Interfaces (BCIs) exist for nearly 50 years, it was recently that their development began to be significant and their applications real. Still unknown by part of the population, BCIs can be the future, a future that requires regulation. The ethical-legal challenges brought are deeply related to human rights and should be addressed through UN bodies and agencies. There is still a lack of standard settings in this area and a lack of guidance for regulation. It is urgent to engage in discussion, understand and define what would be an Human Rights-Based Approach (HRBA) to the brain and to BCIs. This thesis aims to contribute to the discussion. Taking the contribution from Neurorights, the proposal finds its difference in a deeper analysis of Human Rights Theory, History and System, providing the most effective and coherent solution under the UN system for the challenges that are being discussed for a few years. Identifying the major issues of the technology and the consequent human rights and ethical dilemmas involved, it is proposed the adoption of an HRBA to BCIs, constructed on already existent human rights, and a Declaration on Neuroethics and Human Rights, strengthening the protection of person´s identity, recognizing neural activity as a fundamental part of person´s identity and neurodata as sensitive personal data. Keywords: BCIs, Neurorights, Neurotechnologies, Right to science, Freedom of Thought, Person´s Identity, Neuroethics, HRBA