The world’s first law on neuro-rights is being applied in Chile

The government of Chile has passed neuro-rights law for its country first time in the history. Technology has advanced to such an extent that, with the intervention of certain devices, brain activity can be manipulated. Proof of this is what Neuralink, one of Elon Musk’s companies, has recently released.

In Chile, with a pioneering vision in the world, a new law has begun to be processed whose focus is “to protect integrity and mental indemnity in relation to the advancement of neurotechnologies”.

The textual quotation of the predecessor paragraph is precisely the text that the legal initiative proposes to incorporate into the Political Constitution of the South American country, granting the level of constitutional to the neuro-rights, in an unprecedented initiative at the global level.

This proposal, which is part of a broader program for the protection of neuro-rights and mental integrity, emerged as an initiative in the Future Challenges commission and was promoted by Chilean Senator Guido Girardi. 

The legal text is still pending. However, being a process that sets a precedent at a global level, it is under the watch of the United Nations and particularly, of countries such as Spain, the United States and France.

At a press point that took place in the National Congress of Chile, after the approval of this law in the courtroom, Senator Girardi commented that “this project is going to be a global marker and Chile is going to be the flagship, the the first pilot who is going to regulate neuro-rights so that these technologies are for the good of human beings ».

Neuro-rights law in Chile

To his words, issued in April, he added that “President Piñera is going to take this project to Prosur, he has already discussed it with several Latin American leaders, as well as with the President of France and other European leaders. This project unites Chile, it is the example that we can have common visions and work together on the great challenges facing the country.

For his part, at that time the Chilean president also expressed his support for this initiative, demonstrating the transversality of its scope, even when the project arose from his opposition sector on the political plane.

There is still a long way to go, but progress is significant

This first step paved the way for a finer thread in the process of drafting the law that will eventually be enacted. After its approval in the Senate, the project now goes to review by the Chamber of Deputies, the second chamber of Congress, to then be dispatched to the Executive Branch, where the president can make his final objections before the final publication of the rule. according to the Chilean political system.

In addition to the constitutional reform that would establish as the responsibility of the State to guarantee the protection of neuro-rights, an accessory law was presented in addition, which in its text states:

It prohibits any intrusion or form of intervention of neural connections or intrusion or at the brain level through the use of neurotechnology, brain-computer interface or any other system or device, that does not have the free, express and informed consent of the person or user of the device, even in medical circumstances. It prohibits any system or device, be it neurotechnology, brain-computer interface or other, whose purpose is to access or manipulate neural activity, in an invasive or non-invasive way, if it can damage the psychological and psychic continuity of the person, that is, their identity. individual, or if it diminishes or damages the autonomy of their will or ability to make decisions in freedom” .

The influence of science fiction has made us on more than one occasion reflect on the eventual arrival of some of the problematic scenarios that are presented as conflicts between technology and humanity. In this case, the initiative is based on advance protection on a specific projection, in the face of the unstoppable advance of a highly pervertible technology if it falls into the wrong hands.

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