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3 - Persuasive Technologies and the Right to Mental Liberty

The ‘Smart’ Rehabilitation of Criminal Offenders

from Part I - Life Sciences and Human Rights

Published online by Cambridge University Press:  17 May 2022

Marcello Ienca
Affiliation:
College of Humanities, EPFL Lausanne
Oreste Pollicino
Affiliation:
Bocconi University Faculty of Law, Italy
Laura Liguori
Affiliation:
Portolano Cavallo
Elisa Stefanini
Affiliation:
Portolano Cavallo
Roberto Andorno
Affiliation:
University of Zurich Faculty of Law
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Summary

Conventional medical ethics, medical law and human rights protect us against the technological manipulation of our bodies, in part through recognising and enforcing a right to bodily integrity. In this chapter, we will explore the possibility of that we might also protect ourselves against the technological manipulation of our minds through recognising an analogous right to mental integrity. In the first part of the chapter, we describe some of the recent developments in the areas of persuasive and monitoring technologies, and how they are currently being used, e.g., in criminal justice and on the internet. In the second part we survey existing and proposed novel human rights law relevant to mental integrity. In the third part we argue that, though the right to mental integrity has thus far particularly been debated regarding neurointerventions, it would also apply to at least some persuasive and monitoring technologies. Finally, fourth, we consider how existing (i) law and (ii) philosophical scholarship might help to resolve the thony question of which persuasive and monitoring technologies would infringe the right to mental integrity.

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Publisher: Cambridge University Press
Print publication year: 2022

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