Forensic Brain-Reading and Mental Privacy in European Human Rights Law: Foundations and Challenges

Neuroethics (2):1-13 (2020)
  Copy   BIBTEX

Abstract

A central question in the current neurolegal and neuroethical literature is how brain-reading technologies could contribute to criminal justice. Some of these technologies have already been deployed within different criminal justice systems in Europe, including Slovenia, Italy, England and Wales, and the Netherlands, typically to determine guilt, legal responsibility, or recidivism risk. In this regard, the question arises whether brain-reading could permissibly be used against the person's will. To provide adequate legal protection from such non-consensual brain-reading in the European legal context, ethicists have called for the recognition of a novel fundamental legal right to mental privacy. In this paper, we explore whether these ethical calls for recognising a novel legal right to mental privacy are necessary in the European context. We argue that a right to mental privacy could be derived from, or at least developed within in the jurisprudence of the European Court of Human Rights, and that introducing an additional fundamental right to protect against brain-reading is not necessary. What is required, however, is a specification of the implications of existing rights for particular neurotechnologies and purposes.

Similar books and articles

Human rights and human well-being.William Talbott - 2010 - New York: Oxford University Press.
Privacy, Interests, and Inalienable Rights.Adam D. Moore - 2018 - Moral Philosophy and Politics 5 (2):327-355.
Privacy Rights. [REVIEW]Mark Tunick - 2011 - Social Theory and Practice 37 (3):510-517.
Human rights as Subject and Guide to LIS Research and Practice.Kay Mathiesen - 2015 - Journal for the Association of Information Science and Technology 66 (7):1305-1322.
The right to privacy.Janet E. Smith - 2008 - San Francisco: Ignatius Press.
Genes and Spleens: Property, Contract, or Privacy Rights in the Human Body?Radhika Rao - 2007 - Journal of Law, Medicine and Ethics 35 (3):371-382.
The Philosophical Foundations of Human Rights: An Overview.Rowan Cruft, S. Matthew Liao & Massimo Renzo - 2015 - In Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.), Philosophical Foundations of Human Rights. Oxford, UK: Oxford University Press. pp. 1-44.
Patients' privacy of the person and human rights.Jay Woogara - 2005 - Nursing Ethics 12 (3):273-287.

Analytics

Added to PP
2020-06-06

Downloads
117 (#138,967)

6 months
9 (#143,176)

Historical graph of downloads
How can I increase my downloads?

Author Profiles

Thomas Douglas
University of Oxford
Christoph Bublitz
Universität Hamburg
Gerben Meynen
VU University Amsterdam