ŽMOGAUS TEISĖ Į TECHNOLOGIJŲ PAŽANGĄ TEISĖJE Į SVEIKATĄ: SMEGENŲ IR KOMPIUTERIO SĄSAJOS TECHNOLOGIJŲ PROBLEMOS
HUMAN RIGHT TO TECHNOLOGICAL PROGRESS AS THE RIGHT TO HEALTH: CHALLENGES OF BRAIN-COMPUTER INTERFACES

Summary/Abstract: The human right to technological developments constitutes a significant part of the right to health, in particular when standard treatment of individuals is ineffective. Therapy involving brain-computer interfaces is an area of technological progress that is used in health care and is attracting the increased interest of researchers worldwide. However, the legal regulation of the accessibility of such treatment techniques that are still in the research stage remains a developing practice that is not supported by well-established national legal principles. As a result, it is becoming more relevant for the science of law to explore how to ensure the balance between the human right to technological progress and the right to health. In this light, this article provides a summary of the risks of brain-computer interface technologies by revealing the main predictions of legal regulation challenges. It shows that appropriate disclosure of the risks inherent in brain-computer interface technologies is necessary for ensuring human rights in the context of technological advancement. The article also highlights that proper implementation of free and informed consent is one of the key instruments in the process of benefit and risk assessment. The research is supported by the findings of neurotechnology researchers on the technical, ethical, and social aspects of BCI impact.

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