The Protection of Human Beings in the Face of Neurotechnologies: Autonomy and Vulnerability of Children and Adolescents

Abstract

The article analyzes the ethical and legal challenges posed by neurotechnologies associated with artificial intelligence for the protection of human beings, focusing on the autonomy and vulnerability of children and adolescents. It begins with a description of the convergence between neuroscience, virtual reality, brain-machine interfaces, and AI algorithms, highlighting both their therapeutic and educational potential and the risks of surveillance, mental manipulation, impact on personal identity, and deepening inequalities. A qualitative methodology is adopted, of a bibliographic and documentary nature, examining specialized literature and international and national normative initiatives on neuro-rights. Next, the use of invasive and non-invasive devices in children and adolescents is discussed, highlighting uncertainties regarding the effects on the developing brain, weaknesses in consent and assent, as well as risks to mental privacy and agency. It also analyzes the debate surrounding the creation of a new category of rights—neuro-rights—confronting favorable and critical positions in light of the theory of the foundation of human rights and the idea of jurisdiction over new legal problems. It concludes that the protection of the mind is an emerging legal value and that, rather than inflating catalogs of rights, it is necessary to build a robust regulatory framework guided by the principles of dignity, equality, autonomy, and responsibility, capable of ensuring enhanced protection for children and adolescents in the face of neurotechnologies.