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technologies - n of Bublitz 5. Cognitive Liberty: positive formulation

Cognitive liberty. A first step towards a human neuro human a towards step A first liberty. Cognitive –

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Paolo Sommaggio,Paolo Marco Mazzocca, Gerola,Alessio Fulvio Ferro

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EYWORDS

ights RANK RANK in in order to avoid regular school attendance and allow them to have more free time for sports n n the novel “The Emerald city of Oz” L. Frank Baum imagines the existence of particular pills taken by professor Wogglebug’s on the issue, we ourintroduce point of view, neuro new building for groundwork the lay us to lows K r tive Liberty and its connection with human rights. Therefore, considering how recent developments of are granting us an increasing ability to monitor and influence mental this processes, article aims to Liberty understood as a necessary condition to all other freedoms that cannot be re- duced to existing rights. In this regard, after presenting the most important positions A –

F

Paolo Sommaggio: Associate Professor, Faculty of Law, University of Trento, Trento, Italy. Cf. L. Cf. UMMARY

to, Italy. 1  [email protected] ty Law, University of Padua, Padua, Italy. Student, Department [email protected] of Philosophy, University of Twente, system) system) and human kn . enhance to and memory, or emotions alter to reasoning, affect to them allowing tivity, face. of double a sort have to seem techniques that these note should one However, they increase the risk for the security and the privacy of what is in our brain; on the other side, they potential. our brain augment to opportunity an amazing represent I activities. recreational and At the present time, this well the of place This is because, recent studies on the relations between the structure of the brain (and the nervous 1. Introduction S tive Liberty: negative formulation Rights Conclusion ognitive liberty.

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Call Paolo Sommaggio, Marco Mazzocca, Alessio Gerola, Fulvio Ferro 3 Sciences of Academy York New the of Annals Cognitive Considerations: Neuroethical 2 justicepersonalsocialInidentity,privacy,autonomy. and as such issuesconnected are to that drums neuro of advancement The The neuro 2. Neuro Human Rights. of Declaration a reach to stairway a of sort a building in useful we steps paper some this present In Liberty. Cognitive of study the in involved author every with agreement an reach ro neu- other the of frameworkserious a build to able are we features CL theabout thinking only deed, to ing positions inthecurrentdebate about this issueand, thenwill introduce we our pointof view,accord- main the review firstly will we Consequently, rights. human all about think to condition preliminary may CL ifanalyse to is thispaper of aim theTherefore, fundamental human rightto cognitivelibertythe and immediately begin to defineacknowledge its contours» expressly society, a as we, that imperative is it culture, day modern of ocean the out an se- with andDNA quence, human the of draft’ ‘working first its issue to about program genome human the with es, becomingchefaster,cessors micropro- with millennium, third the into race frantically we «As Boire, humanto according potential Indeed, a right. as beginning the since considered been has fact, in concept, former relat the rights: the of problem the introduce will we aspects) negative and positiveits as well (as LibertyCognitive of definitiongeneral a providing after why, reason the is This self th at and, minds other in intervention negative of framework ical theoret-internalproblem,person. a technologieshowever,the everyThe lack of andsphereis theof Nowa decriminalisationfor psychoof rights civil various non of against claims the support others, the in among struggles: slogan a became concept this decade, last the In freedom. sonal per- of brick basic the mind: own one’s control to right the is Liberty Cognitive essays, their of many protectindividuala wall to the fromclaims totheany person other of and BoireRichard accordingto that,concept a is This tive Liberty (CL),coined as by American civil rights activists. legalincorrectcategory.usean a seems of it Rather,benecessary toanalyse toconcept the Cogni- of “mindownership”, addressedterms of in be issueto an not is This

R. G.R. Cf. R. G. R. Cf. - rights able to lead us to a new Declaration of Human Neuro Human of Declaration new a to us lead to able rights - determined alterations on/to one’s own mind. as Cgiie iet i a ope ad eta cnet n h rltosi bten neuro between relationship the in concept central and complex a is Liberty Cognitive days, B which CL plays a pivotal role allowing us to think about all new neuronewall about think to uspivotalallowingrole playsa CLwhich

OIRE B , OIRE Cognitive Liberty Part 1, Part Liberty Cognitive - , techn Cognitive Liberty Part 1 Part Liberty Cognitive

ologies - of - - control Frankensteinian machine named the War on , all aw all Drugs, on War the named machine Frankensteinian control technologies raises a number of philosophical, ethical and legal conun- legal and ethical philosophical, of number a raises technologies aper, and smaller, with surveillance cameras proliferating in public spac-publicproliferatingsurveillancesmaller,camerasinwith and aper,

- active substances. cit., p. 7. p. cit., Liberty and Converging Technologies for Improving Human Cognition Human Improving for Technologies Converging and Liberty , in in , , 1013/1, 2004, pp. 221 2004, pp. 1013/1, , Cognitive of Journal BioLawJourn

- voluntary interference and forced psychiatry or psychiatry forced and interference voluntary

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be considered as a new human right or as the as orright human new a consideredas be al

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- Rights with which, we hope, we can we hope, we which, with Rights .

since such terminologyrepresentssincesuch e same time, the lack of positive of lack the time, same e osi bten L n Human and CL between ionship , 1/1, 2000, pp 2000, 1/1, , 2 . Indeed, as they highlightedtheyasIndeed, . in - related human rights. In-rights.relatedhuman 7 - 13. /201 ; W. 7 3

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, in . The resence resence declaration

marketing. marketing. Its - rights - ure ure that we ought marketing could thus thus could marketing - Journal of Cognitive Neurosci- Journal of Cognitive Neurosci- in in brain brain imaging techniques

, , stimulation stimulation ones: they offer treat- information information provides a clearer un-

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veness. Neuro veness. . Nonetheless, there might be more ef- 6 making making processes by measuring the cus- technologies technologies and of the kind of questions -

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technologies technologies we consider are - Defining Neuromarketing: Practices and Professional Challenges BioDiritto, n. 3/2017 BioDiritto,

, n n the results of brain imaging techniques can thus lead to a blind . For example, the widespread belief that a socially reprehensible 5 Cognitive liberty. A first step towards a human neuro human a towards step A first liberty. Cognitive LITZMAN K

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. – , 18/4, pp.2010, 230 , it is not possible to manipulate customers' behaviour in such a way that direct direct access to through the of neural activity measurement changing blood al al 477. 127 The Seductive Allure of Neuroscience Explanations and R. - –

Brain Brain Imaging and Brain Privacy: A Realistic Concern? HIN

C . The next set of technologies comprises neuro et et al., . The first set of neuro on , L. et et al.,

BioLaw Journ BioLaw EISBERG EISBERG ISHER ARAH F W ugh ugh fMRI, for example, neuroscientists are able to study the ways in which neurons fire up F . At any rate, the impact of the social influence of neuroscientific information should not be

4 on brain imaging are applied to address real world cases is, for example, neuro J. J. , 21/1, pp.2010, 119 , 20/3, pp.2008, 470 D. S. ce Cf. Cf. C. E. Cf. Cf. Cf. M. ments ments based on electrical and magnetic stimulation of the brain through medical devices fixed on understanding, understanding, however the target does not realize the attempt to nudge him or her shortly. see will we as behaviour, customers' alter to ways fective Brain Stimulati based based goal is to collect neural information concerning decision its effecti order test to in to advertisement, tomers' response an lead to the infringement of the decisional autonomy of the individual, if it enabled companies to hi- jack customers' choices that bypass their level of awareness. With current technology and level of of neural information, real or fake, is enough to make a more certain authoritative and piece credible of information appears as trait, say paedophilia, is associated with a precise and discrimination against individuals that are discovered to possess such even in neural the absence characteristics, of associated psychological evidence. An area in which neuroscientific studies to be ready to address, no considerable threat to privacy seems to be in place at the current state of of to seems to state the current be in to threat privacy considerable at place to no address, be ready the art underestimated. Excessive hype i trust in its predictive power. The appearance of objectivity and authority that brain may lead people to images misinterpret them as carry more predictive than they really are. The simple p derstanding derstanding of the way in which the brain works and how it supports our thoughts. However, the correlation between psychological traits and their neural basis is still not perfectly understood, and fMRI can only provide in flow associated with it. The accuracy with which these are matched is, therefore, still considerably limited, may and developments although severe further pose challenges in the fut alography alography (EEG) and functional magnetic resonance (fMRI). They provide structural and functional information about the brain and its neural activity, that is used for diagnostic and research purpos- es. Thro and thus to correlate brain activity with mental activity, localizing the areas spond of to the certain stimuli, brain like that pain or re- language recognition. This a) a) Brain Imaging main techniques employed for the purpose of

6 Harvard Review of Psychiatry 4 ence 5 en

this this section we provide a brief overview of existi pose. application and development that their

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Call Paolo Sommaggio, Marco Mazzocca, Alessio Gerola, Fulvio Ferro Neuron 12 11 practice for medical approaches neuroethical and questions, tity: ethical Experiences 10 riences Provider Hea by Informed Disease Parkinson’s in Stimulation Brain Deep of Aspects Relational and practice medical for approaches neuroethical Healthcare and questions, ethical tity: 9 by 12/09/2017). visited (last http://dx.doi.org/10.4061/2011/871874 formed 8 476 pp. 23/5, 2008, practice medical for approaches neuroethical and questions, ethical ty: 7

level of suspicion. Additionasuspicion. of level autism or phobia social risk and trust social increases a The mammals. in behaviour social pro of cases of number a in involved is example, for Oxytocin, traits. psychological human of alterations temporary the cause to shown mood, Alzheimer'slepsy, disease,depression.anddementia enhancesideasalsoeffects Anyway, they may narco- (ADD), Disorder Deficit Attention like conditions, of array wide a treat to employed regularly f (Aricept), donepezil (Provigil), (Ri- talin), as such agents Psychopharmacological too. personality of changes cause to Alterations Brain an indication theof degree change of of identity whichperson the literaturetellishardoffers,to the it healthnewsta a to adaptationpsychological of attempt the by or stimulation, of area and degree the by caused are es chang- such whether determine to however, hard, is It themselves. of concept new a to themselves disorders. obsessive to tendency a and impulsivity , and excitement of states comprise example for DPS to due stimulation of area and degree mode, the on depending terations, types and degreesvarious report studiesnumerous conflicting, is treatments of kinds these of effects psychological the about evidence Although identity. and personality patient's the alters tion technologiesissuesthat thesevariousrais of symptoms the depression and epilepsyParkinson'sdisease, like psychiatricdisorders and neurological of mitigation the for applications widespread have (TMS currently Stimulation (DBS) Magnetic Stimulation Transcranial brain. the into implanted or head the Cf. F. Cf. Cf. E. E. Cf. Cf. Cf.

Cf. F. Cf. Cf. Cf. T. Cf. F.

M. J J B , cit. cit. , , 58/ , OTTERAND OTTERAND AND J K AL ET ELL OTTERAND B ocnrto, aeuns, setvns ad sociability and assertiveness wakefulness, concentration, OSFELD AUMGARTNER

4, 2008, pp. 639 2008, pp. 4,

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A Review of Social and Relational Aspects Aspects Relational and Social of Review A and J. and – . A third set of neuro of set third A . 485. J.

tus. Additionally,tus.givennumerousthepersonal identitydifferentaccounts thatof et al., et

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lly, it may also increases aggression, since oxytocin is involved in the ag- the in involved is oxytocin sinceaggression,increases also may it lly, , , . Transcranial magnetic magnetic Transcranial - ,

Transcranial magnetic magnetic Transcranial taking Transcranial magnetic stimulation, deep brain stimulation and personal iden- personal and stimulation brain deep stimulation, magnetic Transcranial 11 howmuch , an aspect that may be used to treat patients that suffer fromsuffer that patients treat to used be may that aspect an , - technologies comprises psychoactive drugs, which are known are which drugs,psychoactive comprises technologies e, we are particularlyarebrainweinterestede,the stimula- in ways BioLawJourn

anindividual'spersonality changed,give thus,toand luoxetine (Prozac) and () are (Adderall) amphetamines and (Prozac) luoxetine stimulation, deep brain stimulation and personal identi- personal and stimulation brain deep stimulation, s, in s, in stimulation, deep brain stimulation and personal iden- personal and stimulation brain deep stimulation, of Deep Brain Stimulation in Parkinson’s Disease In- Disease Parkinson’s in Stimulation Brain Deep of Nature , in in , al o pose a challenge to individuals to adapt to individuals to challenge a pose o

– , 435/7042, 2005, pp. 673 pp. 2005, 435/7042,,

Rivista di BioDiritto, n.3

, cit. , , in in , , cit.; E. cit.; , underwent. 10 8 akno’ Disease Parkinson’s . Mood and personality changes personality and Mood .

International Review of Psychiatry of Review International Ohr usacs ae been have substances Other . B ELL dministration of oxytocin of dministration

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p brain stimulation and personal , esteem, esteem, - , cit. , in RIIS F

. Differences of accessibility due to, for based drugs chniques chniques and are products tested specif- 17 -

recollection. recollection. MCI can cause memory defi-

185. ism – Social Psychological and Personality Science in in J. K. B. O.

, in ts ts to the issue of identity change, as well as to personal perception perception of autonomy impact one's perception of self - . In spite of this, future developments of memory modifica- 15

BioDiritto, n. 3/2017 BioDiritto, Transcranial Transcranial magnetic stimulation, dee Love Hormone Leads to Violence: Oxytocin Increases Intimate Partner Vio- Basingstoke, Basingstoke, 2009, pp. 169 ,

stimulation technologies and psychoactive drugs, in fact, can be used in fact, be used can drugs, psychoactive and technologies stimulation . Although the majority of te Cognitive liberty. A first step towards a human neuro human a towards step A first liberty. Cognitive - The Normativity of Memory Modification 16 ,

Rivista di Rivista

– ories. ories. At the current state of the art, these techniques cannot be used to IORDANO al al . . The last issue that will be taken in consideration here is the so called c hnology, G label label to obtain a boost during mental efforts, especially by students. Even When the - ANDBERG S

and J.

, et al., ree ree of the possible enhancement is at the present time limited, the issues that this technologies technologies raises are broad and challenging. Besides changes in personality and and and A. 1038. - ALL Memory enhancement: the search for mechan

– 697. and Personal Identity, , – W

, IAO BioLaw Journ BioLaw E L D 691 REY YNCH OTTERAND J L

B

Cf. Cf. F. Cf. Cf. P. Cf. Cf. S. M. Cf. Cf. C. N. Cf. Cf. G.

use use of neuro identity as outlined could impact cognitive above, enhancement self tion the connection between our efforts and achievements example, prohibitive costs for the poorer parts of society, could cause the exacerbation of the gap to augment human cognitive capacities such as attention, focus and memory (but also mood, per- sonality traits and behaviour) ically for the treatment of specific disorders, drugs (also called smart drugs) in particular are regularly used off though the deg after the treatment, and how does the self parts. in later again back come will questions These worth? Cognitive Enhancement Both neuro tive enhancement. memories memories that play a role in defining who we are. All technological these or effects pharmacological intervention on in one's the personality, brain, due makes to us question the authenticity of the resulting behaviour, which again connec autonomy. How radical must a change be in order to count as a substantial alteration of personal identity, and how much of it is due to the intervention? How “free” are the decisions of the person cits that could be remedied by strengthening the process of memory and formation consolidation. PTSD symptoms, on the other hand, can be alleviated by reducing the intensity of the emotions at- tached to traumatic mem selectively modify people's memories tion technologies raise issues concerning the continuity of personal identity due to gressive gressive that behaviour mammals display when a mother defends her litter from a threat. er psychopharmacological drugs are studied for their potential to affect memory, whic treatments for people suffering from Mild Cognitive Impairment (MCI) and Post Traumatic Disorder Stress (PTSD). Both memory formation and consolidation, and the emotional strength of memo- ries can be altered in order to enhance or inhibit memory 17 Waves in Philosophy of Tec 2014, pp.2014, 14 pp.2002, 1035 15 99. 16 identity: ethical questions, and neuroethical approaches medical for practice 13 lence Inclinations Among High Trait Aggressive People

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Call Paolo Sommaggio, Marco Mazzocca, Alessio Gerola, Fulvio Ferro Readings in Law and Social Justice Social and Law in Readings 24 future. Human the of losophy M 23 Cognition Human 22 21 countries other countries selected and EU the in Institutions other selected 20 and EU 19 the http://satoriproject.eu/media/2.c.1 in Institutions 18 ing perception, to attention, comprehension and memory guideto behaviour the informationreceives,organizethe tohe mi sincethe uses individualan process the denotes‘cognitive’ term the that highlight to important is it context, this In constitutions push to hand, other the on This isa term designed, on the onehand, to expand thetraditional notion of “liberty thought”of and, usagefree of technologies disposal.our at CognitiveLib of concept theand word the introducedBoire G. R. Sententiaand W. that 2000 in only was it since term, new ly arelative-is it definitionCognitivecourse,exhaustiveLiberty.clearandgive of Of tosimple a not is It 3 increasing consideration of social and ethical implications neuroof neuro of field the why reasons the are These Bee) able to augment cogn abled)Be to alter memory formation and consolidation Bec) ableto induce aggression or behaviourother modification ableb)Be to change mood and personality ablea) Be to “read” the mind people of simply through brain scans. Therefore, to sum up, the neuroscientific technologies promise to: would no longer beseen assymbol a of personal value butrather of status certai commodification of the foster might market workplace the in or settings competitive in penalization and zation marginali- face might who and them use to refuse who people on pressure social and coercion rect normal considered once traits of medicalisationincreased an to wellissuesidentitiesrelatedtosocial “normal”,and impacting on ered personal classes social between . Cognitive Liberty:. in

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(ed.), B B

W W B S REY REY S OSTROM ENTENTIA OLFSLEHNER ENTENTIA OLFSLEHNER The Transhumanist Reader: Classical and Contemporary Essays on the Science, Technology and Phi- and Technology Science, the on Essays Contemporary and Classical Reader: Transhumanist The , ,

Human Enhancement and Personal Identity Personal and Enhancement Human Identity Personal and Enhancement Human 23 .

, cit., cit., , and R. and , , Neuroethical Considerations: Cognitive Liberty and Converging Technologies for Improving Improving for Technologies Converging and Liberty Cognitive Considerations: Neuroethical reo b dsg: rnhmns vle ad ontv liberty cognitive and values Transhumanist design: by Freedom , ,

Ethical Assessment of Research and Innovation: A Comparative Analysis of Practices and and Practices of Analysis Comparative A Innovation: and Research of Assessment Ethical Ethical Assessment of Research and Innovation: A Comparative Analysis of Prac of Analysis Comparative A Innovation: and Research of Assessment Ethical p. 222. p. R 18 erty in order to emphasise the role and resilience of individualthein resiliencethoughtof and role the emphasise to order in erty OACHE . The wide The . searchofaDefinition

Chichester itive itive ability (or capacity) legal systems of democratic societies to integrate such a right into their into right a such integrate to societies democratic of systems legal

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Smart Policy: Cognitive Enhancement in the Public Interest Public the in Enhancement Cognitive Policy: Smart , 2/1, 2010, pp. 68 pp. 2010, 2/1, , - Neurosciences_and_NT.pdf Neurosciences_and_NT.pdf spread use of cognitive enhancers might redefine what is consid- is what redefine might enhancers cognitive of use spread , 2013, pp. 356 pp. 2013, ,

BioLawJourn , cit. , - ethical needs is bringing about the necessity of an everan of necessity the about bringingis needs ethical - 84

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, cit. , cit. , n psychological traits considered desirable, whichdesirable, considered psychological traits n

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, and and N. omplete omplete Cognitive declaration

Freedom by Freedom by every every legal

, LAUSEN LAUSEN C (ed.), (ed.),

J. J. rights edom edom to control - in

, ENTENTIA S RANCKE

F W. The The importance of this . t of protection from the 29

. Nevertheless, it is also de- and A.

25 dimensional features. features. dimensional p. 1313; ILDT - H 1333, 1333, -

, in E. , cit., p. 243. .

. 28 determination determination from the State and other - update update of that takes

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ration ration or from a coercive political legislation, or egal Concept technologies

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, cit., p. 358

determination regarding one’s determination own cognition is essential -

. determination determination and responsibility» - , Dordrech, 2015, ered ered as a principle that guarantees «the right to alter one’s BioDiritto, n. 3/2017 BioDiritto, . 234 264, p. 234. legal legal concept related to a person, i.e. «the implicit assumption of - 245, p Cognitive liberty. A first step towards a human neuro human a towards step A first liberty. Cognitive -

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. In this regard, Cognitive Liberty is something like a fre –

26

al al 27 consensual use of neuro use consensual - values and cognitive liberty p. 223. 21st 21st Century Opportunities and Challenges: An Age of Destruction Or an Age of transfor-

rs, governments should not prohibit cognitive enhancement or the realization of Neuroethical Considerations: Cognitive Liberty and Converging Technologies for Improving cit., , condition condition of every Cognitive Liberty or the International Human Right to Freedom of Thought - . Every human being . of must full Every human be and spectrum being use the to able independently think (ed.), (ed.), , Cognitive Enhancement and Cognitive Liberty: comments to the president’s council on gton, 2003, 233 pp , The capabilities of the human mind should not be limited. Until one person directly My Mind is Mine?! Cognitive Liberty as a L My Mind is Mine?! Cognitive Liberty as a Legal Concept , New York,New 2013,, pp 233

. The content of our thoughts must remain private until one decides to share them. , , BioLaw Journ BioLaw ore, according to Boire and Sententia, we can interpret the cognitive liberty with special UBLITZ ENTENTIA Springer Handbook of Neuroethics

IDSBURY IDSBURY B S

Washin

D UBLITZ UBLITZ ENTENTIA B B W. S any other mental state. mental other any Sententia Sententia presented cognitive liberty as a conceptual «into account the power we now have, and increasingly will have to monitor and function» cognitive manipulate Choice. damages othe coercive and non and coercive Autonomy their mental faculties one’s own and electrochemical thought processes this is because it is the neces- sary ontological substrate for just about every other freedom. Thus, now it is clear why Wrye Privacy Theref focus on the protection of individual freedom and self subjects, but particularly from the State or commercial entities: a sor

(ed.)

Cf. W. J.C. J.C.

J.C. J.C. Cf. Cf. J.C.

EVY • • • design: Transhumanist 29 Human Cognition, 27 in H. F. mation, 28 L 25 Enhancement 26 similar similar to a pre any legal order based on individual self concept may be unearthed from the consideration that it is integral to the foundation of system. This is a crucial theme because self ofaction. free kind every for will and for free Therefore, Therefore, since Cognitive Liberty ensures the possibility to control our own consciousness it should allow us to avoid an attack from an economic corpo standard cognitive communal a achieve to orders social even more something but claim, a political is not just CLthink we Bublitz, of thesis the following Moreover, expresses three conceptual points of interest: of interest: points conceptual three expresses Therefore, Cognitive Liberty is a very complex concept due to its multi its to due concept complex very is a Liberty Cognitive Therefore, Bublitz assumes that it may be consid mental states with the help of neurotools as well as to refuse to do so» fined as the right of each individual to think autonomously and independently, to use the c set of their mental abilities and take part in several ways of thought. This latter definition, indeed,

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Call Paolo Sommaggio, Marco Mazzocca, Alessio Gerola, Fulvio Ferro emy of Psychiatry and the Law the and Psychiatry of emy 31 Body 30 the shouldadministered be in thebest medical in 4) results; same the yield may that healthcare alternative ac- to subjectedthe be 3) not effects; may unwanted cused cause not and senses his to subject the bring time same the medic at 2) must judgment); to subject hazardous potentially a subject to case, present thein as, (such interest public state a be must there 1) points: four in articulated be can limits These Incase the Sell definitiona clear of this condition on a medical legalor level has yet todeveloped. be possiblemergence of the of imposition the is still consideredcare, coercion.only The exceptionrequirement the to informedof consent, like besides ends, compassionate to used if even coercion, This humiliation. or coercion constrictio or enforceability deception, regardingsituation other any or incentivesundue from choice free of power the have must subject the decision, this of premise a As requirements: two of fulfilment the require may interventions these make to features essential The individual. an n the of integrity the acknowledge to essary nec- is it inside the from liberty of erosion the avoid To neurochemistry.cerebral and thought vidual indi- between correlation the around revolving debates no are there fact, of matter a As rosciences. issueismarginallyan onlyconsideredsuch psychopharmacological in treatmentsi and though even consideration, in taken also is CL integrity physical to addition in level, regulatory a On conscious and informed consent Body the side paper Boire’s tities, or, indeed anyone, butthe owner’s mind. partieslike conceptfromthirdagainstabuses “mental” sive defen- a Liberty: Cognitive of formulation “negative” the be may concept this think We them. from ce con- a find to necessary is it Thus, authorities. international and national by prosecuted sufficiently notpreferences)oftenare and choices subliminalconditioning of (behaviouraloralterationsulations (intensesuf provokedamage to aimwhich Conducts Cognitive Liberty: 4. negativeformulation 2) 1)

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, in in , R. G. R. treatment. also must individual the possibility of abstention from thecure; the about or therapy this from deriving benefits and risks about alternatives, treatment individualabout the inform fully must subject such in trained staff healthcare the of member a that Journal of Law and Health and Law of Journal B E OIRE THERIDGE

Neurocops: The Politics of Prohibition and the Future of Enforcing Social Policy from In- from Policy Social Enforcing of Future the and Prohibition of Politics The Neurocops: ,

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be able to decide freely and voluntarily if he intends to undergo the undergo to intends he if voluntarily and freely decide to able be , 19/2, 2004, pp. 234 2004, pp. 19/2, , 30 .

, Application of Sell vs United vs Sell of Application

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techniques - 165. - voluntary voluntary choice between direct intervention and - e they are neither safe nor effective nor safe are neither they e as standards to evaluate this kind of treatment. He asserts deviant deviant brain, be it in criminals or simply people in psychic - BioDiritto, n. 3/2017 BioDiritto,

); and a third completely forced option. forced completely a third and ); , 91/2, pp.2012, 163 38. ctive on psychiatric assessments of criminal responsibility: Decision Cognitive liberty. A first step towards a human neuro human a towards step A first liberty. Cognitive 11 International and Journal of Law Psychiatry -

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Neuroscience and criminal justice: not responsibility but treatment safety Direct Brain Interventions to “Treat” Disfavored Human Behaviors: Ethical and Social Issues Direct Brain Interventions to “Treat” Disfavored Huma , , A neurolaw perspe , , . This scholar is one of whothose consider toit an the necessity immediate develop ba- not improper not

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REELY BioLaw Journ BioLaw REELY introducing introducing an «extensive process to ensure that the offender had thought long and hard REELY , 56/5, pp.2008, 1103 G efts of the legal orders where will is an element of secondary importance. secondary of an element will is where orders legal of the efts

G G EYNEN

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cit., p. 163. 36 mental disorder, and the brain 33 Clinical Pharmacology & Therapeutics 34 Law Review 35 Secondly, Secondly, according to Greely, it is necessary to consider the nature of the behaviour that on or religiousness, of or one's or aggressiveness shyness of one's a change about think Letmodify. to us else”. “someone become to want reasons, various for who, those to 32 an unappealing alternative (e.g. jail (e.g. alternative unappealing an Sure, at least in the two first cases the of problem the true character of a voluntary act emerge could since the decision could come from the individual's family or environment. However, Greely's reply consists of release» of early in hope wasacting not and competent, was about it, Therefore, Therefore, it is necessary to test new forms of intervention, safe and effective, in order to eradicate socially unaccepted behaviour through behaviour control, provided that the interventions are safe, and effective For the purpose of suggesting an experimentation in this direction, Greely examines three types of situations: the fully blement, blement, there is no reason to disagree on the treatment of the causes, also 'related to the of brain', undesired socially Greely proposes that the traditional forms of direct brain intervention (ad example lobotomy) are unduly simplistic sinc problem, complex very a for solutions sis of a direct intervention distress. He asserts the daring thesis that neurosciences will provide the ability to modify undesired behav- This reaso individuals. of agent basis the neurological changing iour, by that we are willing to intervene directly on the brain of a subject in case of severe disease or disa- healthcare healthcare treatments. We believe that, over the next few years, this blind spot could neuro using represent “normalisation” of forms new test to picklock a In 2012, Hank Greely tried to open the debate on the use of involuntary trea of modification/elimination antisocial behaviour, as well as for the treatment of diseases and of psy- chic distress As a matter of fact, we believe that the danger of technologies, can a result not only forced, in a new or conception of of punishment, but might a have consequences too aggressive use of neuro cl those in In many social orders, as is well known, public authorities completely can put regardless forward of medical interventions the acceptance of those who undergo them; for example, inv

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Call Paolo Sommaggio, Marco Mazzocca, Alessio Gerola, Fulvio Ferro p. 1126. p. 39 Ibid it brain, the affect interventions all that given but, liberty, cognitive of space protected some be should there that feel I ty. liber- of invasion the greater the treatment, the irresistible) (and effective more the choice; for freedom some 38 37 theV Amendments to the bypossibilitygovernedthis States is United arise(inresponsibility the may Thisprivilegeprotectspute. the non by of privilege given the contribution to negative innovations neuroscientific the about debate the in emerge also protection of instances Such gratesin any casean implicit coercion t inte- imprisonment, to alternative an as interventions permanent to submission possible The erty. lib- individualdamaging at aimed intervention of kind any from away personality his and thought his grante be must convict each Todignity. human to right the of violationclear a mit com- they becausesociety, of interests the to individual an of interests the subjugate to cumstances subcutaneo as such tem, sys- nervous central on interventions possible that believes Farah Martha issue, this to regard With acceptedease to behaviour. versa vice or community, the by accepted not or unfavourable socially is p that used behaviour commonly modify a become not could intervention brain direct that assert to difficult is go not should one which beyond level privacy of sort the asserts also Greely regard, this In intervention would notleave. direct of means new the which autonomy that is, That subject. the to autonomy residual leave that we problem, The reasonno to fear the scandal caused bycertainly a moreeffective modification concerningbrain. the can If we serenely send someoneto jail, unsuccessfullyattempting to modify their behaviour, thereis requirements. safe the complywith they imposed),if is, (thatalternatives without proposed benot should they reason which for wondersGreely treatments, direct involuntary completely to As is tion certainly tempting interven- direct effective and safe a and jail between alternative the Obviously, behaviour. dividual's in- the to regard in interest of character its is that intervention, the of appropriateness the evaluate Theref torture. and jail betweenneither and party,certain a for voting or jail to going between alternative the offer cannot court A individual. deviant the to proposed alternatives semi the to respect In be reliably could consensus a such found?» if even themselves, to want they what doing from adults tent compe- forbiddingjustify human treatmentoffends a that consensussocial a does «but plies: in these by causeddignity human harmto the on possibleobjection the for As

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ary choice, according to Greely it is necessary to consider the types of types the consider to necessary is it Greely to according choice, ary

defendantfrombeingaffirmingsuebyforced from his to which facts need to identify a space of unattainable “cognitive liberty”; a liberty”; “cognitive unattainable of space a identify to need o theo individual will BioLawJourn - self , in in , 38 . But, even given this sort of unattainability, itunattainability, of sort this given even But, . - Nature Neuroscience Nature incrimination during an investigation or dis- or investigation an during incrimination al 39 . –

Rivista di BioDiritto, n.3

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- Cognitive Enhancement: Methods, Ethics, Regulatory Challenges,

Cognitive liberty. A first step towards a human neuro human a towards step A first liberty. Cognitive . , 40

Towards Towards new human rights in the age of neuroscience and

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have have profound and unpredictable consequences for society because it , – ating Thoughts sphere: sphere: using the analogy with the international declarations that protect being being careful with their use. This dichotomy is also the basic foundations on al al -

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45 pp.2003, 493 12/09/2017). (last visited 12/09/2017) 41 42 43 of Law and the Biosciences 44 and engineering ethics 40 Life Sciences, Society and Policy, to «create the opportunity to live much longer and healthier lives, en to to muchand lives, healthier longer tothe opportunity live «create intellectual faculties, to refine our emotional experiences and increase our subjective sense of well being, and generally to achieve a greater degree of control over our own lives» that the «use of CE could thetical general level as, thetical (such level for the general drug in instance, treatment ac the one hand, the use of such “treatments” may be considered ethically permissible by society, on the problems the the otherin their efficacy safety and the potential evidence regarding hand, limited long term might suggest bio which and the transhumanist who wants them. them. wants who The main cases on this theme concern the free personal use of psychoactive substances and cogni- tive devices (such as Transcranial Direct Current Stimulator or Neuro Feedback Equipment may lead to a a to hypo- and memory) ofown one’s increase the as, (such for instance, level individual hypothetical 5. Cognitive Liberty: positive formulation Cognitive Liberty and Human Rights Liberty and Human formulation Cognitive positive 5. Liberty: Cognitive As we have seen ers citizens interfering to from with refrain bearer» the rights of Cognitive that Liberty argues the existing neuro the Non the right to privacy against mental processing fence of personal neuro Genome. the Human Constitution). Constitution). However, it does not yet offer protection from possible coercive anal processes. The problem presents itself mainly when data obtained from brain scans, such as fMRIs, are not only treated as information on the individual, but as true testimonies for non self to the right A

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Call Paolo Sommaggio, Marco Mazzocca, Alessio Gerola, Fulvio Ferro 456/7233, 2008, pp.702 456/7233, 50 49 459 pp. Wisdom hancement: https://doi.org/10.2202/1941 policy, and practice in preparedness and pragmatism 48 Series 47 Behavior and 46 Paper Position Committee Humanities c of vulnerability the to doctor the to regard with instance, for happened, what is This should not intervene to prevent the actions of those who want to use such enhancers. subjects healthy in enhancers tive cogni- of use the for criteria the defining at aimed policies developmentof the in collaborate to yers in published article an in researchers, some why reason the is This technologies. these of effects side the of repercussions long possible the account into taking traced be should use their on guideline a least At ment. re are studies specific regard, this In tion. andsafe effective medications therapeutic for uses canextremely be dangerous prescrip- the outside imposed) be cannot duty legal a such that conclude to possible is it effects, possibl their and efficacy their about doubtreasonable a is there since present, at though, high in individuals for duties sional whe wondered scholars some Moreover, cially cosmeticof neurology espe- market, lucrative potentially the enter might who physicians for also but companies drug for resultin thus not, will poor the while CE to access have will wealthy the Indeed, forward. put be can hancement en- cognitive of criticism a nonetheless view, of point libertarian a assume we if even Furthermore, consistedhave a of may“bad behaviour certain why reasons the identify to unable are we alley: blind a to leads it that fact the by criticized be may one second The definition. normality any of defeat resulting the with idiot, for where that as such distribution, data standardised a namely bell curve, the syndrome: statistical the from suffers observation empirical that fact the by one first The socio the and behaviour, of uniformity of observation the on based model, statistical the normality: to ferring neuro the «In Sommaggio to according Indeed, of range the within occur not do normal human experience» that type a of structures cognitive create to people allow could And this is precisely the point: today a shared concept of “n of concept shared a today point: the precisely is this And

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1260. Cf. Cf. J. , Oxford University Press, York, New 2016, pp. 302 – ats’) ats’) to which they under are typical vulnerable of circumstance life in a world modern order com- Cf. Cf. D. Cf. Cf. M. J. Cf. C. R. Cf. Ivi., p. 109.

55 https://plato.stanford.edu/entries/rights : ethical, legal, social, and neurodevelopmental implications 1251 52 and Policy Implications in International Perspectives ment 53 54 It is not easy to describe the debate that Cognitive Liberty has brought into the human spective. rights per- This is because, given the particular complexity of the definition of CL, it is difficult for 51 Ethics, Law and Humanities Committee and and serious threat to that asset. On the other hand, no one is able to impose burdens on its practice test the Nickel as considered be may This of Countries. most in feasibility its or deny to Bublit of the7. conception debate: The of other subjects (or the State) and this element is a common core of the whole world. whole the of core a common is element this and State) the (or subjects otherof The same consideration may be used to circumvent the so tional objection against Wethat think one are to no of if kinds rights rights. test test these catory proper human new they for could deny that CL does not only deal with a very important asset but also fer to use the conception of human rights defined by Beitz dangerous (‘standard predictable against interests is to individual ments object whose urgent protect tre posed of states» can be conceived as a requirement to protect the mind’ to now, human international rights law does not make any reference to neuroscience. From a broad- er point of view, we can say that neuro tion of our global Indeed, society. they can everyone influence since they are able to modify the cog- rights. human to related issues raising thus being, human of every structure nitive inner We do not want to start a debate about the fo to the consideration of the free management of our mind as a fundamental human right human as a fundamental mind our of management free of the the consideration to Human Rights 6.and Liberty Cognitive As we saw, neuro out diagnosis of a neurologic disorder is unjustified in legally and developmentally non near for inadvisable and children Obviously, there are many arguments in favour of the use of cognitive potentials legitimated by the mo our right own to conscience. The and determine identity autonomously aforementioned then lead to a recognition of the possibility to modify the cognitive sphere with enhancing tools, up

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Call Paolo Sommaggio, Marco Mazzocca, Alessio Gerola, Fulvio Ferro 63 62 61 60 59 (say levels neurotransmitter in ‘‘imbalances’’ chemical with correlates strongly depression of instance every that don’t) currently we (what knew we if Even symptoms. these exhibiting her on depends solely depression from suffers person a Whether 58 57 Self Mental 56 is right a such […], mind their over sovereignty individual guarantees determination self mental to Liberty «Cognitive if even fact, In emblematic.is Liberty Cognitive of case the sense, this In tioned, some of theseinterests arethe basis on which many of the rightsbased. are r strongsome by protected interestsaresome «while fact, consequences.Innormative without not perspective inis change This legal orders are built. liberalassumptionsbasic whichtheon legal ordersas granteddenied)rightby but a (or as just not ty on» sopropensitiesdispositions,haviouraland emotional scholars» legal or Constitutions acknowledgedby expressly ther nei- unfortunately is right a such that is «problem the out, pointed authors many as Unfortunately, dimension, itive itgrants the freedom to self freedomstatefromsevereinterferenceandpartie the third the by protects it dimension, negative «its in hand, one the on twofold: be would right this of purpose The tacitas a assumption, woven intolaw’s the structure» self mental to right human a that «claim they why reason the is This the physical (brain)level meritattention their on own normative‘‘dysfunction’’,purposes which,for ‘‘harm’’involvingconcepts such andas or mentalboth automaticallypropertiespropertiesbecome one of that meannot does this disorder»braindisorders allas mentalrelabel psychiatryto intrend«current the despite because, and body between ship relation- the of question the only not address to authors other leads that distinction a indeed, is, It find and strikinglyunderdeveloped» permissible of rules detailed developed have systems legal «while how, on focuses author the often how see to mind unchanged): (lasted changed in something that seems it However, view. of point his of progresscontinuous the given easy, not is thought author’s German this of reconstruction The valuable attempts were madeby Jan Christoph Bublitz. mo or one with definition that associate to scholars

Ivi Therefore, in this regard, «Speaking of depression, for instance, is speaking about specific mental specific about speaking is instance, for depression, of «Speaking regard, this in Therefore, Ibid. Ibid. Ivi J.C. Ivi J.C. , p. 60. p. , ., p 56. p ., ., p. 62. p. ., B

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rights rights treaties or legal textbooks» - BioDiritto, n. 3/2017 BioDiritto, determination, determination, but simply insert new meanings - technological technological means such as pharmaceuticals or electrostimulation

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Cognitive liberty. A first step towards a human neuro human a towards step A first liberty. Cognitive . So that, «the question is no longer, whether it is po promote the cognitive liberty cognitive the promote Freedom Freedom of thought has failed to stand the test of practical applicabil- 66

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B . Even in this case, however, it should be noted how this notion of Cognitive Liberty seems to p. 1318 p. 242. an obligation for states to states for obligation an liberty to change one’s mind one’s change to liberty mental integrity preserve to mind other into intervention against protection the freedom of thought the freedom personality of development free a to the right Privacy of the rights Integrity mental to the right

, 68 conditio conditio humana

Ibid. Ivi Ivi. Ibid. J.C.

• • • • • • • 67 68 64 65 66 be a prerequisite of Legal systems rather than a right protected by them. them. by protected a right than rather systems Legal of be a prerequisite This migh enhancement (MBE), i.e. interventions «focussed on improving the moral aspects of the psychologi- cal human human right. But this new point of view forces the author to admit the practical irrelevance of this right. Indeed, despite, «at least in theory, a strong human right protects persons against unwanted inter- ventions into their minds [...] ity» The change seems of to perspective be related to the «advent of tools that confer more over powers our own and other's mental» so» do to be allowed should who rather, but thoughts, To identify Cognitive Liberty with freedom of thought allows the author to no longer claim the exist- ence of a human right to mental self Anyway, we would like to emphasise how, in a subsequent work, scholar the perspective of changes the German and moves concept the to connected (strongly determination from a concept of Thought. of Freedom Cognitive Liberty understood as mind self tion. Nevertheless, it is the as: be understood this can how CL, specifies which which are in the proximity of Cognitive Liberty, understood as the rights to mental self not enshrined in constitutions, human mocracies mental protect injuries as body injur yet and distinct requires but body, of the protection the to identical Of course, even now, according to Bublitz, it is possible to observe the presence of some rights such as:

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Call Paolo Sommaggio, Marco Mazzocca, Alessio Gerola, Fulvio Ferro 76 75 74 73 72 71 Ethics ical 70 88. 106, p. 69 recognition the from possibilities; many explored he this do To technologies. new by promised goals alteri of sibility pos- concretethe given Indeed, scholar. German the by tracedpath thefollow to thus,easy, not is It terms)Bublitz claimsnormative a intervention. cap control unconscious and conscious her bypass interventions direct first whereas personality, other’s and desires views, the with engage interventions Indirect person. fected interventionsindirect «directand that specifyto sary neces- is it if Even unlawful.intrinsically be cannot opinions with interfering reason, this For speech. In 75 describe» they that aspects with interferes often MBE that disputable hardly is it explication, further need may integrity mental and control conscious freedom, mental notions the «although Therefore, dangeredthis by type intervention.of brain» the of 3. 2. 1.

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this respect, one should note that it is possible to change another’s opinions even with a mere a with even opinions another’s change to possible is it that note should one respect, this , , , , ,

D 2. 1. firstappro mind of assessments ethical in role central a accorded be should it hough Mind of Freedom which actions to pursue» tion Will of Freedom greatloss» by written as Therefore, DeGrazia acts. those committing from refrain to obliged is everyone because However, idea no freedomof permits persons to fall Fall to Freedom p. 97. p. 95. p. 94. p. p. 99. p. 98. p. B B E UBLITZ

G UBLITZ RAZIA the protection peaceof of mind» elements mental uncontrollable consciously with tampering terventions in-freedom:remainuntouched mentalfromto of sense a negative time this and«second, A control over one’s mind» thinkingsubduing orimpuof typesvarious to memory andattention fromcapacities, mental one’s of strength the to and impediments internal from independence of degree the to relates mind of freedom «First, , 40/6, 2014, pp. 361 2014, pp. 40/6, , –

acities» , after all, enhanced persons can act as they please they as act can persons enhanced all, after , , Moral Enhancement and Mental Freedom Mental and Enhancement Moral Moral Enhancement and Mental Freedom Mental and Enhancement Moral 69 Moral enhancement, freedom, and what we (should) value in value we (should) what and freedom, enhancement, Moral

«the elimination of freedom [to fall] with respect to rape and child molestation is no is molestation child and rape to respect with fall] [to freedom of elimination «the , Bublitz describes the following three different types of freedom which could be en- be could which freedom of types different three following the describes Bublitz , ng the mind of others, he tries to find regulatory references that will achieve all the all achieve will that references regulatory find to tries he others, of mind the ng ximation, ithas leastat two important aspects: 70 .

76 . This is an important freedom since «MBE may not only curb the freedom of ac- of freedomthe curb only not «MBE freedom may sinceimportant an is This . . On a first reading, it reading, first a On . . Therefore, at least with regard of Freedom of Mind (in positive and negative and positive (in Mind of Freedom of regard with least at Therefore, . . The notion of this freedom «has not received much scholarly attention, alt- attention, scholarly much received not «has freedom this of notion The . – 368, p. 367. 368, p.

71 .

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lses. In otheroffreedomconsciousaspect words,In mental one is lses.

74 . refers to the freedom to act in a morally incorrect way. incorrect morally a in act to freedom the to refers

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p. p.

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cy, cy, the right to rights - ht ht to refuse coercive , as set out in its second

. Cognitive Liberty, in our opinion ourLiberty, opinion in Cognitive

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these data) and which can be illegally .

78

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77 Rights architecture. architecture. Rights

- European Convention on Human Rights

t of the legal category of Cognitive Liberty, which must be technology. Rather, technology. the of establishment cognitive liberty as - specific specific rights. This is the right to mental priva - BioDiritto, n. 3/2017 BioDiritto, human rights in the age of neuroscience and neurotechnology the rights and freedoms of others»

Cognitive liberty. A first step towards a human neuro human a towards step A first liberty. Cognitive th neuro

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– being of the country, for the prevention of disorder or crime, for the protection of Towards Towards new - al al , determination determination (strongly connected to the con -

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A technology. technology. In addition, while we welcome the introduction of the right to cognitive - her a completely new perspective on Neuro on perspective new a completely her with the law and is necessary in a democratic society in the interests of national security, public BioLaw Journ BioLaw rs suggest the extension of the category with the formal recognition of the right to mental and R. «There «There shall be no interference by a public authority with the exercise of this right except such as is

technologies technologies and the developmen

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- - - - safety safety or the economic well health or or morals, for the protection of 77 11. 78 which recognizes the right to respect family life, domicile and correspondence. Indeed paragraph in accordance brain brain (and also to protect the brain structures that give rise to recorded by a dedicated neural instrumentation and indiscriminately shared in the digital ether. An- manipulate directly They can by groups. criminal on the brain attacks to is that related other problem mental integrity and the right to psychological continuity» psychological to right the and integrity mental In consideration of the first point, the question is whether actual standards of privacy protection in- mind our by or generated incorporated the information clude The autho privacy, which is intended to protect any information, conscious or unconscious, deriving from the uses uses of neuro liberty, we argue that this notion is not alone sufficient to cover the entire spectrum of ethical and legal wi associated implications a human right should be coordinated with a simultaneous reconceptualization of existing rights or even the creation of other new neuro These authors argued that: «For the purposes of our analysis, in this article we will focus exclusively on the negative formulation of the right to cognitive liberty, namely as the rig Similarly, Similarly, in the led examination by Ienca and Andorno, the focus is the refusal of the coercive use of neuro supported by the reconceptualization of existing human rights or the introduction rights: of new human gate gate in this paper. In our opinion, the best solution is not a modification, or an extension of existing rat but rights, Andorno and Ienca of the8. conception debate: The of a right to mind self of extensive interpretation of the right to freedom of Mind. of thought, Freedom to linked of all profiles recognition up to the explicit request for the even he though Nevertheless, to truly the problems related explores the suggested solution proposed by Bublitz seems unfit to solve all of the we problems try to investi-

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Call Paolo Sommaggio, Marco Mazzocca, Alessio Gerola, Fulvio Ferro 81 11 pp. 80 51. art. in asstated law, Union of tion the in States Member to as well as subsidiarity of principle the respecting Union the of bodies and 79 In doingety. this, the shown have we think we conclusion, In Conclusions 9. Human Rightsin order to focus a on totallynew Declaration Humanof Neuro neuro new a introductionof the to idea the leave to is bett the perspective theirfurther take to orderin that think Weaspects. neuro on cused fo- rights theall prerequisite of a Cognitive is LibertyAndorno, and Ienca of opinionthe in Therefore, interveneinto perso a neuro emerging of ability the by facilitated also are which continuity, psychological person’sa of modificationsunauthorized or life mental person’s a to harm involving actions for goes c person’s a of threshold the under performed be could they as cion, coer- involve necessarily not may privacy mental person’s a into intrusions illicit fact, In technology. of use, coercive freedom as relationship similar from protection of sense negative its very in However, rights. identity and a integrity privacy, to is thought in continuity psychological and integrity mental vacy, prerequisitepositiveallitssenseneuroinis a othererty of lib- cognitive freedoms, other all of substrate the Being relationship.family intimate an in stand and I Finally, ing intentionalintrusions into the personal sphere authoris- before imperative are debates public and attention utmost the case any In 29. and 22 Art. Human of Declaration Universal the by He Rights. recognized and Rights Human on Convention European the of 8 Article of basis the on Rights Human of Court European the by developed identity personal b would continuity psychological to right The cognitive impairment. direct with personality individual modify irreversibly to designed interventions chemical c psychiatric access re- easily This others. by can harm possible from issuesdimension mental the health protect and supports, and mental treatments with patients that ensure both should tegrity Rights Human of Charter European the of 3 Article by safeguarded currently is integrity psychological and physical knows, everyone As same way computer capabil mental onsideration of mental integrity should lead to specific regulatory protection from possible neuro possible from protection regulatory specific to lead should integrity mental of onsideration

Cf.M. Ivi However, it is necessary to recognize that the rights of the Charter apply only to the institutions, agencies agencies institutions, the to only apply Charter the of rights the that recognize to necessary is it However, , p. 24. p. , - 24. I ENCA enca & Andorno argue that: «All these proposed neuro proposed these «All that: argue Andorno & enca

re, the right to personal fulfilment and the full development of personality is explained in explained is personality of development full the and fulfilment personal to right the re,

and R. R. and

cognitive liberty can only partly account for the unintended uses of emerging neuro emerging of uses unintended the for account partly only can liberty cognitive ities, and the resulting mental integrity, through the use of neurological devices, the devices, neurological of use the through integrity, mental resulting the and ities,

we have presented some steps useful build to a sort of a metaphorical stairway. A

NDORNO hackers n’s neural processing inabsenceof person’s the awareness» , Towards new human rights in the age of neuroscience and neurotechnology and neuroscience of age the in rights human new Towards

do.

which emphasises the right in medicine and biology and medicine in right the emphasises which pivotal role that CL plays in the new neuronew the in plays CL that rolepivotal BioLawJourn e a specification of neural nature regarding the right to right the regarding nature neural of specification a e

80 .

- oriented right into the current declarationsofcurrent the into right oriented al - fo –

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- focused rights are mutually linked mutually are rights focused onscious experience. The same The experience. onscious - rights.

81

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- technologies to technologies /201 - oriented soci- oriented 79 er approacher . Mental in- Mental . implementa- 7

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- - d declaration

rights - it it is not only pref- cognitive issues in a a issues in cognitive oth oth as a new human - tre tre of this conceptual

rights rights take.will We are inter- -

. p. 242. cognitive substrate. cognitive - 82

Rights. Rights. In fact, in the same way as , regardless of their nation, location, , of nation, location, their regardless - e guiding the regulation of neuro 83 course course in law through which a person

Ienca, Ienca, we think that , cit., -

Ciudad Colon, 2004, p. 3. ights ights as inalienable rights «to which a person is

Cognitive Cognitive Liberty into the human rights framework

Rights; as Rights; the path that has be already traced with re- - at human at rights human law has shownalready may be a useful BioDiritto, n. 3/2017 BioDiritto, ahead of the legal recognition of the recognition neuro of the legal ahead - Cognitive liberty. A first step towards a human neuro human a towards step A first liberty. Cognitive

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ask for the go ask Human Rights ReferenceHuman Rights Handbook, t among its necessary constitutive conditions» constitutive its necessary among t

, et al., My Mind is Mine?! Cognitive Liberty as a Legal Concept , BioLaw Journ BioLaw per, we intended to consider these steps as parts of a metaphorical stairway to national and and national to of stairway parts a metaphorical as these to steps consider we intended per,

UBLITZ ting ting rights. But, it may be considered as a basis of all liberties, both internal and external. In- EPULVEDA B S J.C. J.C. M.

82 83 turning point of our future international society. international future our point of turning can can report on unlawful intervention into her or his inner world. That is meanwould “my mind of is others, and free”. free interventions Free from to our mind change as we a new ‘habeas mens’ that sum we To choose. up, defensive and sense. We proactive mind do not what form these neuro esting in unearthing this problem and in putting Cognitive Liberty at the cen ty through a ofnew Declaration Human Neuro Genome. the Human to gard In this pa international protection of the inner sphere of every human being. In this sense, Cognitive will Liberty be the key concept for a new kind of ‘habeas corpus’: a re Rights. Rights. This is the because, adaptive ability th tool in responding to the challenges posed by neurosciences. The path is already mapped out and it stairway. is like a Therefore, contrary to what is written by Bublitz and Andorno erable and fair, but it would also be easier the solve problems related the concept of Liber- Cognitive would enable the protection of constitutive features of human beings of entirely that pro- are not human features being beings of constitutive the enable would protection rights. existing by tected As a fifth step, we have shown how this conception of CL could be understood b right and as a necessary condition to build a set of new Neuro what happened with the notion of Human Genome, we claim a Universal Declaration on Neuro deed, deed, since Cognitive Life, in its various forms and degrees, is inherent to all human beings, so cogni- tive liberty is consistent with a definition of human r because she or he is being» a human simply entitled inherently status. other or any origin ethnic religion, language, As a fourth step we saw how the integration of any any conception of a legal subject in which the mind and mental capacities (e.g. acting from reasons, no are deliberation) make it to the features needed all has Liberty we Cognitive as a third argued how step, Subsequently, a key concept from which new human rights can emerge. This is because, it cannot just be reduced to exis As a first step we described importance and features of the concept of Cognitive Liberty understoo their neuro is it since liberties, all other to condition as a necessary As a second step, we reported how other proponents of Cognitive Liberty, suggest considering it as a fundamental human right as well as technologies. In this regard, one a should remember, as Bublitz argued, how «hard central it is to conceive of legal principl

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