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Advocacy

Latin America

In collaboration with the Fundación Kamanau, a nonprofit organization working to promote science and technology with a human rights approach, we’ve worked closely with lawmakers throughout Latin America to craft narrowly tailored legal protections at the regional, national, and sub-national levels. Our pioneering advocacy in Latin America catalyzed the world’s first regional declaration, constitutional reforms, and legislative protections for consumers’ neural data, solidifying the region’s vanguard role in neurotechnology governance.

Organization of American States

Working closely with the Inter-American Juridical Committee, the Neurorights Foundation provided expert guidance on the development and adoption of both the Declaration of the Inter-American Juridical Committee on Neuroscience, Neurotechnologies, and Human Rights: New Legal Challenges for the Americas (August 11, 2021) and the Inter-American Declaration of Principles Regarding Neuroscience, Neurotechnologies, and Human Rights (March 9, 2023).

Brazil

In partnership with Brazilian lawmakers, the Neurorights Foundation played a pivotal role in advancing groundbreaking constitutional reforms to protect mental privacy and integrity.

 

Through extensive consultations with lawmakers at the federal and state levels, we directly informed Brazil’s first constitutional proposal to enshrine neurorights, introduced on June 12th, 2022. Building on this milestone, we collaborated closely with Vice Governor Gabriel Souza and Procuradora Camila Pintarelli in July 2023 to advance these reforms. On October 16th, 2023, Senator Randolfe Rodrigues announced a groundbreaking bill to amend Article 5 of Brazil’s Constitution to safeguard brain activity and data, while Rio Grande do Sul unanimously endorsed an amendment to its own constitution.

 

On December 20th, 2023, Rio Grande do Sul made history as the first state in Brazil — and among the first jurisdictions in the world — to formally incorporate neurorights into its constitution, setting a precedent for the rights of neurotechnology users globally.

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Rafael Yuste meets with Gabriel Souza, vice-governor of the State of Rio Grande do Sul, Brazil, and State Attorney to the Brazilian Supreme Court, Camila Pintarelli, to Brazil's constitutional amendment to protect neurotechnology users.

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Rafael Yuste delivers a keynote speech about neurotechnology and neurorights at the Fronteiras do Pensamento summit in São Paulo, Brazil. 

Chile

Collaborating closely with Chilean lawmakers, the Neurorights Foundation helped pioneer the world’s first constitutional protections for brain activity and data. Our efforts began in January 2019, when Chair and Founder Dr. Rafael Yuste met with Senator Guido Girardi to explore a pilot constitutional amendment. Building on this partnership, our team organized and presented to the Chilean Congress in October 2020, helping build the consensus and momentum necessary for reform.

By December 2020, the Senate’s Commission of the Future unanimously approved a constitutional amendment recognizing brain data and activity as fundamental to protect under a neurorights framework, an initiative that swiftly advanced through both chambers of Congress. In September 2021, Chilean lawmakers approved the passage of a law establishing the rights to personal identity, free will and mental privacy, and a month later,  President Sebastián Piñera signed a constitutional amendment protecting neurorights into law. 

 

This made Chile the first country in the world to enshrine neurorights protections into law and establish constitutional safeguards for mental privacy, personal identity, and free will in the context of emerging neurotechnologies.

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Rafael Yuste meets with President Sebastián Piñera of Chile to advocate for neurorights protections.

Mexico

In partnership with Fundación Kamanau, the Neurorights Foundation has advanced landmark neurorights protections in Mexico through direct legislative and policy engagement. This led to a series of key milestones in 2023, beginning with the Organization of American States’ Interamerican Judicial Committee approving the Declaration of Interamerican Principles of Neurorights on April 10th.

Building on this momentum, our team and colleagues at the Fundación Kamanau addressed Mexico’s Chamber of Deputies in July 2023 to advocate for constitutional protections, leading to the formal introduction of a constitutional amendment enshrining neurorights on August 1st. Later that year, Mexican authorities adopted the Charter of Digital Rights, officially incorporating neurorights as part of its consumer protection strategy.

The Neurorights Foundation continues collaborating with Mexican lawmakers and partners to advance the next phase of neurorights protections in the country.

Other Jurisdictions

The neurorights movement is growing across Latin America. In addition to our work in Chile, Brazil, and Mexico, we are actively collaborating with stakeholders in Argentina, Colombia, Ecuador, and Uruguay to advance new policy frameworks. More updates soon!

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Rafael Yuste presents in the Parliament of Uruguay in support of neurorights legislation.

What happens when the mind is no longer a sanctuary, when thoughts can be accessed, altered, and sold?

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