Neuro-rights and their constitutional recognition

Abstract

Introduction. This article examined the evolution and reception of so-called neuro-rights in Latin America and Europe during the period 2013–2025, with an emphasis on the Chilean case. Its starting point was the problem of how the mental sphere was protected against the expansion of neurotechnology. The objective was to compare the recognition and effective protection of these dimensions and to derive operational criteria for their application. Methodology. A doctrinal, normative, and jurisprudential-administrative corpus was used, and a matrix of specificity (S), regulatory depth (R), and evidence of application (E) by jurisdiction/instrument was constructed, complemented by a case study of the Chilean itinerary. Results. The results showed that Chile acted as a pioneer by incorporating constitutional protection of brain activity in 2021 and, in 2023, by applying remedies such as the suppression of neurodata and the activation of institutional controls. In Europe, although the term "neurorights" did not appear explicitly, the Charter of Fundamental Rights, the General Data Protection Regulation, and the AI ​​Act offered functional protection that limited manipulative practices. In the rest of Latin America, implicit coverage prevailed, with signs of progress toward specific definitions and safeguards. Conclusions. It was concluded that the protection of the mental sphere advanced along different paths but with convergent goals; the combination of clear definitions, impact assessments, limits on manipulation, and enforceable remedies consolidated a maturing field.