NEURODREPTURILE CA DREPTURI FUNDAMENTALE EMERGENTE: ÎNTRE CONSACRARE CONSTITUȚIONALĂ ȘI REGLEMENTARE EUROPEANĂ
NEURORIGHTS AS EMERGING FUNDAMENTAL RIGHTS: BETWEEN CONSTITUTIONAL ENTRENCHMENT AND EUROPEAN REGULATION

Summary/Abstract: This study examines neurorights (the right to cognitive liberty, the right to mental privacy, the right to mental integrity, and the right to psychological continuity) as emerging fundamental rights situated at the intersection of human rights theory, neuroscience, and technology law. Drawing on the foundational contributions of Ienca and Andorno (2017), the study first examines the conceptual foundations of neurorights and their relationship with fundamental rights. Secondly, it analyses constitutional recognition initiatives, with particular focus on the Chilean model (Law No. 21.383/2021) and legislative proposals in Uruguay, Brazil and Mexico as normative laboratories for European law. Thirdly, the study examines the capacity of the current European normative framework (the Charter of Fundamental Rights of the European Union, the GDPR, and the AI Act) to afford implicit protection to cognitive functions against intrusive neurotechnologies. The study concludes that current European protection remains fragmented and insufficient, arguing for the explicit recognition of neurorights either through revision of the Charter or through an autonomous normative instrument at the level of the European Union.

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