Formation of New Human Rights in Digital and Bio Convergence Technology
Authors:   Korean Constitutional Law Asscciation, Eom Juhee 
Published: March 2023

ICT(information and communication technology) goes beyond facilitating information communication between people through machines communication, enabling communication between machines and humans, that is, convergence between humans and machines through communication devices inserted into the human body. This paper explores the concept of human enhancement triggered by information and communication technology enabling the convergence of the human body and machines, from which the implication of human rights derives. The ethical discussions over the concept of human enhancement derives from biochemical technology and biological technology such as plastic surgery, growth hormone, and gene editing. Ethical discussions have begun from augmenting and improving the innate performance and ability of humans, but Advances in neuroscience and neurotechnology, such as brain implants, deep brain stimulation (DBS), transcranial brain stimulation(TMS, tDCS) and brain-computer interface (BCI), have enabled brain intervention and cognitive enhancement, called neuro-enhancement, to lead to a wide range of ethical, social, and legal issues. To examine the views and approaches to human enhancement at the national level, the official opinion on human enhancement is reviewed where national committees have advised national policy in the life sciences, ethics and law in the UK, USA, France and Singapore. Since the concept of “human enhancement” is not established as a legal concept, if it is to be legally regulated, it is first necessary to explore how it affects human rights and whether it is related to constitutional rights. By examining the concept of human enhancement, which has been dealt with by national committees of each country, and the scope of ethical debate among them, the direction and implications of regulation for human enhancement are prospected, and human rights improved owing to information and communication technology is reviewed. It is reviewed about the human rights implications of Brain-Computer Interface(BCI) which is an example of human enhancement technology and a technology that enables external devices to be controlled and communicated with the outside by reading nerve signal data from brain. The brain-computer interface has issues of autonomy and responsibility of human actions, issues of protection from illegal infringement, issues of the right to refuse to make statements and privileges to deny self-incrimination, and human rights issues in the right to privacy. Neuro-enhancement or human enhancement technologies raise the need to be protected as new human rights that have not been protected in the existing human rights areas, such as the right to cognitive freedom, the right to mental privacy, the right to mental integrity, and the right to psychological continuity. In Chile, the content of protecting brain activity and brain data is specified as a fundamental right in the 2021 constitutional amendment, showing an example of building a legal system to protect the realm of the mind in preparation for a future dominated by mankind, which will be renewed by neuro enhancement.