A healthcare approach to mental integrity.

The current human rights framework can shield people from many of the risks associated with neurotechnological applications. However, it has been argued that we need either to articulate new rights or reconceptualise existing ones in order to prevent some of these risks. In this paper, we would like to address the recent discussion about whether current reconceptualisations of the right to mental integrity identify an ethical dimension that is not covered by existing moral and/or legal rights. The main challenge of these proposals is that they make mental integrity indistinguishable from autonomy. They define mental integrity in terms of the control we can have over our mental states, which seems to be part of the authenticity condition for autonomous action. Based on a fairly comprehensive notion of mental health (ie, a notion that is not limited to the mere absence of illness), we propose an alternative view according to which mental integrity can be characterised both as a positive right to (medical and non-medical) interventions that restore and sustain mental and neural function, and promote its development and a negative right protecting people from interventions that threaten or undermine these functions or their development. We will argue that this notion is dissociated from cognitive control and therefore can be adequately distinguished from autonomy.

Neuroethics and cultural context: The case of electroconvulsive therapy in Argentina.

As neuroethics continues to grow as an established discipline, it has been charged with not being sufficiently sensitive to the way in which the identification, conceptualization, and management of the ethical issues raised by neuroscience and its applications are shaped by local systems of knowledge and structures. Recently there have been calls for explicit recognition of the role played by local cultural contexts and for the development of cross-cultural methodologies that can facilitate meaningful cultural engagement. In this article, we attempt to fill this perceived gap by providing a culturally situated analysis of the practice of electroconvulsive therapy (ECT) in Argentina. ECT was introduced as a psychiatric treatment in Argentina in the 1930s but it is largely underutilized. While the use of ECT remains low in several countries, what makes the Argentinian case interesting is that the executive branch of government has taken a stance regarding both the scientific and moral appropriateness of ECT, recommending its prohibition. Here, we begin with a recent controversy over the use of ECT in Argentina and explain the legal recommendation to ban its application. Next, we offer an overview of some of the salient aspect of the international and local discussions on ECT. We argue that the governmental recommendation to ban the procedure should be rethought. While acknowledging the role that contexts and local conditions play in shaping the identification and assessment of the relevant ethical issues, we caution against using contextual and cultural considerations to avoid a necessary ethical debate on controversial issues.

Minding Rights: Mapping Ethical and Legal Foundations of 'Neurorights'.

The rise of neurotechnologies, especially in combination with artificial intelligence (AI)-based methods for brain data analytics, has given rise to concerns around the protection of mental privacy, mental integrity and cognitive liberty - often framed as "neurorights" in ethical, legal, and policy discussions. Several states are now looking at including neurorights into their constitutional legal frameworks, and international institutions and organizations, such as UNESCO and the Council of Europe, are taking an active interest in developing international policy and governance guidelines on this issue. However, in many discussions of neurorights the philosophical assumptions, ethical frames of reference and legal interpretation are either not made explicit or conflict with each other. The aim of this multidisciplinary work is to provide conceptual, ethical, and legal foundations that allow for facilitating a common minimalist conceptual understanding of mental privacy, mental integrity, and cognitive liberty to facilitate scholarly, legal, and policy discussions.

Is Your Neural Data Part of Your Mind? Exploring the Conceptual Basis of Mental Privacy.

It has been argued that neural data (ND) are an especially sensitive kind of personal information that could be used to undermine the control we should have over access to our mental states (i.e. our mental privacy), and therefore need a stronger legal protection than other kinds of personal data. The Morningside Group, a global consortium of interdisciplinary experts advocating for the ethical use of neurotechnology, suggests achieving this by treating legally ND as a body organ (i.e. protecting them through bodily integrity). Although the proposal is currently shaping ND-related policies (most notably, a Neuroprotection Bill of Law being discussed by the Chilean Senate), it is not clear what its conceptual and legal basis is. Treating legally something as something else requires some kind of analogical reasoning, which is not provided by the authors of the proposal. In this paper, I will try to fill this gap by addressing ontological issues related to neurocognitive processes. The substantial differences between ND and body organs or organic tissue cast doubt on the idea that the former should be covered by bodily integrity. Crucially, ND are not constituted by organic material. Nevertheless, I argue that the ND of a subject s are analogous to neurocognitive properties of her brain. I claim that (i) s' ND are a 'medium independent' property that can be characterized as natural semantic personal information about her brain and that (ii) s' brain not only instantiates this property but also has an exclusive ontological relationship with it: This information constitutes a domain that is unique to her neurocognitive architecture.

The global neuronal workspace as a broadcasting network.

A new strategy for moving forward in the characterization of the global neuronal workspace (GNW) is proposed. According to Dehaene, Changeux, and colleagues (Dehaene, 2014, pp. 304, 312; Dehaene & Changeux, 2004, 2005), broadcasting is the main function of the GNW. However, the dynamic network properties described by recent graph theoretic GNW models are consistent with many large-scale communication processes that are different from broadcasting. We propose to apply a different graph theoretic approach, originally developed for optimizing information dissemination in communication networks, which can be used to identify the pattern of frequency and phase-specific directed functional connections that the GNW would exhibit only if it were a broadcasting network.