The Nature of Neuro-Human Rights and Personal Dignity in the Context of the Development of Neurotechnologies, the Peculiarities of their Ethical and Legal Regulation

The author of the article proves the relevance of this work by the fact that a number of projects are currently being implemented, the subject of which is the study of the brain. This opens up a new area for the study of biosomatic human rights. The purpose of this article is to conduct a comprehensive analysis of the nature of human rights and the dignity of the individual in the context of the development of neurotechnologies, as well as the features of ethical and legal regulation of such rights. In particular, the author refers to European and Asian studies, as well as to the works of authors from the North American countries. The scientific base draws upon the works of both domestic and foreign scholars engaged in the study of the human brain from the perspectives of medicine, law, and bioethics. In the study, special attention is paid to the normative regulation of the essence, structure and list of neuropaths. In preparing this article, the author turned to both general scientific (interpretations, comparisons, etc.) and private scientific methods (legal hermeneutics, legal comparative studies, etc.). In the work, the author provides a definition of the concept of human neuroprotective rights in the conditions of modern reality and raises the question of the distinction between neuroprotective rights and cognitive freedom. The author of this study examines the controversial issue of the peculiarities of the mental and psychological development of an individual and the correlation of these features to neuroprotection. Summing up the results of the study, the author, recognizing the controversial nature of the subject of scientific work, says that the neuroethical essence of cognitive freedom is precisely the ability to control one’s thinking process, as well as cognitive, sensory and mental mechanisms of mental activity, including the processes of self-knowledge, self-identification, self-determination.