ArticleNeuroethics2021
Forensic Brain-Reading and Mental Privacy in European Human Rights Law: Foundations and Challenges.
Article in Neuroethics, 2021. The graph could read no effect estimate from its abstract, so it casts no vote on the map. Cited by 6 papers.
What it found
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The abstract states no effect estimate the extractor could read, or names no intervention and outcome on the map, so this paper lights no cell and moves no belief. It is still indexed, cited and linked below.
The trial behind it
Trials whose registry record cites this paper, or whose number appears in the abstract. A trial that started after this paper was published is citing it as background, not reporting it.
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Who cites it
6 citing papers in PubMed.
- Neuroscience informed risk assessment and management in forensic mental healthcare: a qualitative analysis of ethical and legal challenges and practice-oriented recommendations.Frontiers in psychology · 2026Article
- Deep Brain Stimulation for Consciousness Disorders; Technical and Ethical Considerations.Neuroethics · 2024Article
- The coming decade of digital brain research: A vision for neuroscience at the intersection of technology and computing.Imaging neuroscience (Cambridge, Mass.) · 2024Article
- A comparative review on neuroethical issues in neuroscientific and neuroethical journals.Frontiers in neuroscience · 2023Review
- Novel Neurorights: From Nonsense to Substance.Neuroethics · 2022Article
- [Cybersecurity of brain-computer interfaces].International cybersecurity law review · 2022Article
Corrections and comments
PubMed lists nothing against this paper. Absence here is not a guarantee, only a check that was made.
Authors and funding
5 authors.
Funding
Abstract
A central question in the current neurolegal and neuroethical literature is how brain-reading technologies could contribute to criminal justice. Some of these technologies have already been deployed within different criminal justice systems in Europe, including Slovenia, Italy, England and Wales, and the Netherlands, typically to determine guilt, legal responsibility, or recidivism risk. In this regard, the question arises whether brain-reading could permissibly be used against the person's will. To provide adequate legal protection from such non-consensual brain-reading in the European legal context, ethicists have called for the recognition of a novel fundamental legal right to mental privacy. In this paper, we explore whether these ethical calls for recognising a novel legal right to mental privacy are necessary in the European context. We argue that a right to mental privacy could be derived from, or at least developed within in the jurisprudence of the European Court of Human Rights, and that introducing an additional fundamental right to protect against (forensic) brain-reading is not necessary. What is required, however, is a specification of the implications of existing rights for particular neurotechnologies and purposes.
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Registered trials
Read under generation 80e0d062 · epoch 390. Bibliography from PubMed, PubMed Central and OpenAlex; grants from NIH RePORTER; trial links from ClinicalTrials.gov; estimates, votes and beliefs from the OpenQuestion graph.