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Minds, Freedoms and Rights: On Neurorehabilitation in Criminal Justice

Sjors Ligthart, Emma Dore-Horgan, Gerben Meynen

ISBN13: 9781009486330
To be Published: November 2025
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £100.00



Recent developments in the cognitive sciences, particularly the emergence of neurotechnologies and their potential applications in a variety of contexts, have prompted a debate on what freedoms and rights people have in relation to their brains and minds. Lawyers and philosophers are especially interested in the possibilities offered by the neurosciences in conducting risk assessments and risk management. Minds, Freedoms and Rights deepens our understanding of these legal issues by investigating the human rights that relate to the mind and by exploring their implications for possible uses for neurotechnology for criminal rehabilitation or 'neurorehabilitation'. By harnessing and integrating both legal and ethical perspectives, the authors establish possible uses of neurorehabilitation that are cutting-edge yet simultaneously protect and respect human rights and freedoms.

Subjects:
Criminal Law
Contents:
Acknowledgments
1. Neurorehabilitation in Criminal Justice
1.1 Introduction
1.2 Setting the Stage: Criminal Justice, Crime Prevention, and Rehabilitation
1.3 Neuroprediction and Neurointervention
1.4 Freedoms and Rights

Part I. The Negative Dimension:
2. The Right to Personal Identity
2.1 Introduction
2.2. Normative Concerns about Brain Stimulation and Personal Identity
2.2.1 Psychological Continuity
2.2.2 Narrative Identity
2.3 Human Rights Protection of Personal Identity: The Case of Neurorehabilitation
2.3.1 Introduction
2.3.2 Psychological Continuity
2.3.3 Narrative Identity
2.3.4 Implications for Neurorehabilitation
2.4 Concluding Remarks

3. The Right to Personal Integrity
3.1 Introduction
3.2 Human Rights Protection of Personal Integrity
3.2.1 The Right to Security of Person
3.2.2 Privacy Rights
3.2.3 The Prohibition of Torture, Inhuman and Degrading Treatment
3.2.4 The Right to Freedom of Thought and Freedom of Opinion
3.2.5 Brief recap
3.3 Constructing the Right to Mental Integrity: Scope and Permissible Limitations
3.3.1 Meaning and Scope
3.3.2 Permissible Limitations
3.4 Concluding Remarks

4. The Right to Mental Privacy
4.1 Introduction
4.2 The Protection of Mental Privacy in Human Rights Law
4.2.1 The Right to Privacy
4.2.2 The Right to Freedom of Expression
4.2.3 The Right to Freedom of Thought
4.3 Towards a Threshold for the Right to Freedom of Thought?
4.3.1 Characteristics of the privacy interference: means and targeted mental phenomena
4.3.2 Context of the privacy interference
4.3.3 Characteristics of the victim: vulnerability
4.3.4 Brief Recap
4.4 Concluding Remarks

Part II. The Positive Dimension: Arguments for Offering Neurorehabilitation
5. The Right to Mental Self-Determination
5.1 Introduction
5.2 Legal and Moral Rationales for a Human Right to Mental Self-Determination
5.2.1 Introduction
5.2.2 A Right to Mental Self-Determination as Implicit in Law
5.2.3 A Right to Mental Self-Determination as Protected by the Right to Freedom of Thought
5.2.4 A Right to Mental Self-Determination as Protected by the Right to Privacy
5.2.5 A Moral Argument for a Right to Mental Self-Determination
5.3. A State Duty to Provide Neurorehabilitation?
5.4 Concluding Remarks

6. The Right to Mental Health
6.1 Introduction
6.2 Legal and Moral Bases of a Right to Mental Health
6.2.1 Legal Bases
6.2.2 Moral Bases
6.3 What is Mental Health? Considering the Scope of a Right to Mental Health
6.3.1 Positive and Negative Conceptions of Mental Health
6.3.2 Mental Health in Human Rights Law
6.4 A State Duty to Provide Neurorehabilitation?
6.5 Concluding Remarks

7. The Right to Rehabilitation
7.1 Introduction
7.2 Obligation to Enable Rehabilitation in Human Rights Law
7.3 Rationales for a Right to Rehabilitation
7.3.1 The Right Against Cruel, Inhuman and/or Degrading Punishment
7.3.2 The Right to Socially Contribute
7.3 A State Duty to Provide Neurorehabilitation?
7.4 Concluding Remarks

8. Synthesis and Conclusion
8.1 Introduction
8.2 Plausibly Permissible Interventions
8.3 Interventions of which the Permissibility is Unclear
8.4 Plausibly Impermissible Interventions
8.5 Closing Remarks

References
Index