Implementing Neurorights: Legal and Regulatory Considerations

While neurorights are emerging as a potentially novel set of human rights in an age of neurotechnologies, most scholarly and policy debate to date has focused on defining and justifying these norms and their connection to existing rights. This article instead assumes some form of neurorights claims will find recognition in at least some existing or novel law and seeks to anticipate potential legal and regulatory hurdles to the successful implementation of this class of norms. After reviewing the ongoing conversations around neurorights and reflecting on the move towards their legal construction, we draw on insights from fields including international law, political economy, and regulatory theory to identify and consider likely hurdles or coming challenges to implementation, including rights balancing, legal fragmentation, appropriate remedies, and issues around transnational and nonstate action and enforcement. The article then presents a research agenda calling for further analysis of these and other implementation challenges and reflects on how assessing these considerations in advance could inform better policy and advocacy.