Anticipating Human Rights Risks in Neurotechnology: New Guidance for States and Businesses

Neurotechnology is advancing, in many different ways. Fuelled by parallel developments in artificial intelligence, the field is characterised by significant growth in start-ups, patents, and public and private investment. This expansion is driving an increasing number of neurotechnological applications within clinical and research settings, but equally beyond into broader societal domains, with neurotechnologies anticipated to become embedded in everyday life across areas including education, work, criminal justice, entertainment, and well-being.

As part of our research project on Neurotechnology and Human Rights, Timo Istace and Sjors Ligthart emphasise the importance of identifying and anticipating the potentially profound human rights risks associated with the development and anticipated proliferation of these technologies in two complementary sets of guiding principles:

1) The Guiding Principles for States on Human Rights and the Responsible Use of Neurotechnology support States in meeting their obligations to respect, protect, and fulfil human rights in the development, regulation, and use of neurotechnology, while promoting coherent and harmonised policy responses.
2) In parallel, the Guiding Principles for Businesses on Protecting Human Rights throughout the Neurotechnology Lifecycle recognise the central role of private actors in the neurotechnology sector and provide practical guidance on their responsibilities under the UN Guiding Principles on Business and Human Rights to identify, prevent, and mitigate human rights risks associated with neurotechnological products and services.

As Timo Istace noted: ‘The time is ripe for reflecting on concrete legal strategies to ensure that human rights are respected and protected in practice amid neurotechnological advancement, so that the benefits of these emerging technologies can be realised without eroding human dignity and fundamental rights.’

These guidelines respond to growing international concern, build on the UN Human Rights Council Advisory Committee’s 2024 study, and seek to translate established, yet underdeveloped human rights norms into concrete, actionable guidance. They aim to support regulatory initiatives and responsible innovation while safeguarding fundamental rights such as privacy, personal integrity, freedom of thought, and the right to health in an era of neurotechnology.