Abstract

This chapter presents the latest on neurorights in Mexico. The first section analyses the conceptual scaffolding of “neurolaw” based on its different meanings in ethics and law, as well as its bearing on “neurorights.”The second part explores three main legal positions on the regulation of neurorights: (1) an exclusive one, which does not call for specific categories since they are protected by existing positive law, especially at the international level; (2) an inclusive one, which sees the need for new regulatory frameworks given their specific characteristics and their relation with neurotechnologies and artificial intelligence; and (3) a hermeneutic position, which wants to adapt existing law to these new conditions through interpretation. A brief overview is also given of conceptual issues surrounding the three neurorights at the centre of current discussion -mental integrity, mental privacy and cognitive liberty—as seen from each position. The third section reports on neurolaw-related activities in Mexico to contextualize those specifically associated with neurorights and looks at related constitutional reforms currently under discussion. Lastly, a general theory of law is proposed to help guide academic discourse, legislation and case law work on neurorights both nationally and internationally.