Neuroenhancement and Cognitive Liberty: Redrawing the Boundaries of Autonomy
DOI:
https://doi.org/10.5281/zenodo.22686149Keywords:
cognitive liberty, neuroenhancement, neuroethics, autonomy, neurorightsAbstract
Pharmacological and technological cognitive enhancement has moved from a fringe curiosity to a widespread practice among students, shift workers, and professionals under sustained cognitive load, and the bioethics literature has responded with an expanded vocabulary of autonomy centered on the concept of cognitive liberty. This perspective reviews the substances and technologies most commonly discussed under this heading, from off-label stimulant use to non-invasive brain stimulation and consumer neurotechnology, and the empirical evidence on their effects and risks in healthy users. It then examines the central philosophical dispute: whether a right to self-directed cognitive enhancement follows from established bioethical autonomy principles, and whether that right can be reconciled with concerns about soft coercion, distributive unfairness, and authenticity that emerge once enhancement becomes socially common rather than exceptional. We trace how this debate has begun migrating into law through the emerging 'neurorights' movement, using Chile's 2021 constitutional reform as a case study, and find that legal protection has so far advanced further for neurotechnology-driven data collection than for pharmacological self-enhancement. We conclude that a workable framework needs to combine a presumption in favor of competent adult choice with institutional guardrails against coercion and legal protections for mental privacy that keep pace with, rather than trail behind, the technologies this debate increasingly involves.
References
Sententia W (2004) Neuroethical considerations: cognitive liberty and converging technologies for improving human cognition. Annals of the New York Academy of Sciences.
Bublitz JC (2013) My mind is mine!? Cognitive liberty as a legal concept. In: Hildt E, Franke AG (eds) Cognitive Enhancement, Springer.
Ienca M, Andorno R (2017) Towards new human rights in the age of neuroscience and neurotechnology. Life Sciences, Society and Policy, DOI:10.1186/s40504-017-0050-1.
Cognitive liberty. A first step towards a human neuro-rights framework (2021) University of Padua working paper.
Husain M, Mehta MA (2011) Cognitive enhancement by drugs in health and disease. Trends in Cognitive Sciences, PMID:21507708.
Sahakian BJ, Morein-Zamir S (2015) Pharmacological cognitive enhancement: treatment of neuropsychiatric disorders and lifestyle use by healthy people. Lancet Psychiatry.
Bruhl AB, d'Angelo C, Sahakian BJ (2019) Neuroethical issues in cognitive enhancement: modafinil as the example of a workplace drug? Journal of Psychopharmacology, DOI:10.1177/2398212818816018.
The increasing lifestyle use of modafinil by healthy people: safety and ethical issues (2015) European Neuropsychopharmacology.
Neurotechnological cognitive enhancement and human rights: a complex dynamic between empowerment and constraint (2023) Journal of Law and the Biosciences.
Ienca M (2022) Neuroethics and neurorights. Frontiers/PMC review.
Neurorights and Mental Privacy (2025) UAB Institute for Human Rights Blog.
Student Cognitive Enhancement with Non-Prescribed Modafinil. Is it Cheating? (2024) medRxiv preprint.
Cakic V (2009) Smart drugs for cognitive enhancement: ethical and pragmatic considerations in the era of cosmetic neurology. Journal of Medical Ethics, PMID:19717695.
An Ethical Argument for Regulated Cognitive Enhancement in Adults (2022) Voices in Bioethics.
Greely H, Sahakian B, Harris J, Kessler RC, Gazzaniga M, Campbell P, Farah MJ (2008) Towards responsible use of cognitive-enhancing drugs by the healthy. Nature, DOI:10.1038/456702a.
Jotterand F, Dubljevic V (2016) Cognitive Enhancement: Ethical and Policy Implications in International Perspectives. Oxford University Press.
Maslen H, Faulmuller N, Savulescu J (2014) Pharmacological cognitive enhancement -- how neuroscientific research could advance ethical debate. Frontiers in Systems Neuroscience.
Schleim S (2015) The is and ought of the ethics of neuroenhancement: mind the gap. Frontiers in Psychology, DOI:10.3389/fpsyg.2015.01998.
Outram SM, Racine E (2011) Examining reports and policies on cognitive enhancement: approaches, rationale, and recommendations. Accountability in Research.
Presidential Commission for the Study of Bioethical Issues (2015) Gray Matters: Topics at the Intersection of Neuroscience, Ethics, and Society.
Mohamed AD (2014) Neuroethical issues in pharmacological cognitive enhancement. WIREs Cognitive Science, DOI:10.1002/wcs.1306.
Chile: Pioneering the protection of neurorights (2023) The UNESCO Courier.
On pharmacological neuroenhancement as part of the new neurorights' pioneering legislation in Chile: a perspective (2023) Frontiers in Psychology, PMID:37497151.
Cognitive Enhancement and American Constitutional Law (2023) In: Handbook of Neuroethics, Springer.
Neurorights: comparing some perspectives on legal reform in global south to analyze the Brazilian case (2026) Frontiers in Human Neuroscience.
Even Chile's Neurorights Leave Inferred Mental Data in a Gray Zone (2026) Stanford Law School, Law and Biosciences Blog.
Privacy and the Rise of "Neurorights" in Latin America (2023) Future of Privacy Forum.
Farah MJ, et al. (2004) Neurocognitive enhancement: what can we do and what should we do? Nature Reviews Neuroscience, PMID:15100724.
