Advances in neurotechnologies and artificial intelligence have led to an innovative proposal to establish ethical and legal limits to the development of technologies: Human NeuroRights. In this sense, the article addresses, first, some advances in neurotechnologies and artificial intelligence, as well as their ethical implications. Second, the state of the art on the innovative proposal of Human NeuroRights is exposed, specifically, the proposal of the NeuroRights Initiative of Columbia University. Third, the proposal for the rights of free will and equitable access to augmentation technologies is critically analyzed to conclude that, although it is necessary to propose new regulations for neurotechnologies and artificial intelligence, the debate is still very premature as if to try to incorporate a new category of human rights that may be inconvenient or unnecessary. Finally, some considerations on how to regulate new technologies are explained and the conclusions of the work are presented.

This paper addresses the different discussions that led to the creation of the NeuroRights Initiative and the proposal for a NeuroRight to equal access to mental augmentation. Then it presents some conceptual clarifications, and subsequently makes a detailed analysis of the proposal in light of posthumanism. In this sense, it studies how this NeuroRight may lead to inequality, loss of social diversity and pressures on sociocultural and religious diversity. It also studies the problems and challenges inherent to the implementation of this type of initiative. We propose that a NeuroRight to enhancement should not be incorporated and that equitable access to technologies should be limited to therapeutic purposes only.