Dilemmas in Chilean Neuro-Rights regulation

The paper addresses the pioneering Chilean regulation of the so-called neuro-rights, including a constitutional reform passed and a bill currently under discussion in Congress. The core question has been whether or not neuro-rights should be seen as autonomous and distinctive human rights. Some scholars consider human rights are suitable tools to deal with threads from technical progress. In contrast, others claim that legal concepts could be overwhelmed by scientific advances, justifying developing new ones. The Chilean constitution and the bill in progress swing between these two strategies. As the topic still has uncertain outcomes and consequences, the paper claims it is wiser and more efficient to answer those challenges using existing legal institutions and bringing them up to date rather than creating new ones. Hence, the best way of understanding neuro-rights is like a 21st-century response to threats of rights like privacy or moral autonomy.