Neuroderechos y transhumanismo: análisis sobre el acceso equitativo al aumento mental y la identidad personal

Neurotechnologies have advanced significantly in recent years, producing notable impacts on human life. Neuroethics has led discussions on the ethical boundaries in their use, while in the legal field, there has been recognition of the emerging need to establish neurorights to protect individuals against the advances and potential negative consequences they may have on personal identity. The goal is to analyze possible transhumanist traits present in neuro-rights and their potential contradiction with principles of protection, especially concerning equitable access to cognitive enhancements and their impact on the personal identity of human beings. A qualitative documentary research was conducted using the triangular method of bioethics by Elio Sgreccia, and philosophical hermeneutics from a critical perspective. Relevant texts in the field were examined and subsequently analyzed critically, identifying transhumanist traits present in neuro-rights. Neuro-rights tend to legitimize transhumanist aspirations for cognitive enhancement, resulting in significant effects on personal identity. Based on these findings, elements to consider in the drafting of regulations that truly aim to protect individuals against the development of neurotechnologies are proposed.