Establishing Neurorights: New Rights versus Derived Rights.

This article examines the formal strategies for establishing neurorights—human rights protections addressing challenges posed by neurotechnology (NT) to the human mind—within the international human rights framework. It contrasts two approaches: the New Rights Approach, which proposes introducing neurorights as new, stand-alone human rights, and the Derivation Approach, which seeks to interpret and expand existing rights such as freedom of thought, privacy, and mental integrity to cover neurotechnological impacts. After evaluating both on criteria of need and feasibility, the article concludes that the Derivation Approach is preferable due to insufficient justification for new rights, greater coherence with existing law, and fewer political obstacles. While recognizing the symbolic and conceptual contributions of new rights proposals, the article emphasizes that deriving neurorights from established rights offers a more viable and effective path for safeguarding the human mind against emerging neurotechnological threats.