Mood enhancement technologie: juridische en ethische uitdagingen

This interdisciplinary doctoral research starts with an analysis of different proposals for defining human enhancement technologies in order to provide a stipulative definition. Two main challenges associated with the proposed definition are also discussed - a reference to the term normality and the distinction between therapy and enhancement. After analysing the feasibility of using the proposed definition for lawmaking and policymaking purposes, the research continues onto an analysis of the often-occurring arguments in the ethics debate concerning human enhancement technologies. Some of them have strong religious and ideological underpinnings, and some occasionally come with problems of rhetorical types. Nevertheless, these arguments are normatively analysed in order to identify where eventual societal discontent with human enhancement technologies might be. Moreover, the same research approach is taken for other arguments and principles of ethics often referred to in the enhancement debate, such as autonomy, human dignity, justice, identity, privacy, safety and prevention of harm. All of these arguments are examined through the lens of the wide reflective equilibrium method. Based on this, normative insights about how these arguments can be used to support the interpretation of the current regulatory framework for human mood enhancement technologies are provided. This doctoral thesis then focuses on the examination of a current regulatory framework for human mood enhancement technologies. In particular, a comprehensive analysis of the applicable norms from the selected United Nations (UN), Council of Europe (CoE) and European Union (EU) human rights instruments is provided. Such legal analysis allows understanding of the relationship between various human rights principles, rules and concepts triggered by this type of technology in order to sort out legal uncertainties and gaps stemming from the same legal instruments. Their connections, overlaps, and potentially mutually supportive roles with the arguments presented within the ethics chapter are outlined and discussed throughout the text of this doctoral thesis. The concluding chapter establishes a set of normative recommendations on how UN, CoE, and EU policymakers and lawmakers should tackle the legal uncertainties and ethical issues of human mood enhancement technologies.