Mind, machine, and the law: reimagining neurotechnology governance through disability rights.

Abstract

The convergence of neurotechnologies and disability raises urgent questions about autonomy, mental integrity, and legal capacity for persons with disabilities. This article examines the human rights implications of emerging neurotechnologies-from brain-computer interfaces to cognitive monitoring tools-through the lens of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Drawing on historical abuses under the medical model of disability, it argues that the uncritical deployment of neurotechnologies risks replicating patterns of coercion, paternalism, and exclusion. By advancing a normative framework rooted in the CRPD and the social model of disability, the article proposes legal and ethical safeguards to protect mental privacy, ensure informed consent, and affirm supported decision-making. It calls for regulatory and design paradigms that shift from enhancement and correction to inclusion and empowerment. Ultimately, the article contends that disability rights must be at the center of neurotechnologies governance to prevent ableist harms and foster equitable innovation.