Human Rights in the Realities of Neuro-Progress: Legal Means of Compensation for Neuro-Technological Risks

Human rights and freedoms are based on the imperative of its physical and mental autonomy. Neuro-technologies, which have provided the possibility of contactless interaction with the human brain, have significantly increased the risks of manipulating the consciousness of citizens. Fundamental human rights and freedoms, such as freedom of thought, speech, conscience, privacy, personal and family secrets, have been threatened. Today, an updated understanding of these rights and freedoms is required, as well as a modification of the legal means of their protection, taking into account the impact that neuroscience has on the effectiveness of their achievement. The urgency of this issue led to the formation of the concept of neuro-law and the start of a process aimed at the neuro-technological improvement of a number of acts of international law under the auspices of the United Nations. The objectives of this article are to analyze the concept and content of neuro-rights, to study the transformation of the legal interpretation of fundamental human rights and freedoms under the influence of neuro-technology. The objective of the work is to develop a methodology for compensating neural risks by legal means using the mechanisms of public international law and the private law institute of copyright. As a result of the research, the content of the concept of human neuro-rights is revealed and the main approaches to the formation of this branch of law are described. An updated interpretation of human rights and freedoms in the new neuro-technological realities is proposed. The UN methodology aimed at improving existing acts of international law in order to compensate for neuro-technological threats to human rights has been analyzed and recognized as effective. The scientific and practical result of the article was the development of the concept of using copyright mechanisms to prevent neural risks in the field of private law relations, including the dangerous consequences of illegally copying a citizen’s identity.