What is Cognitive Liberty?
Cognitive liberty refers to the fundamental human rights of freedom of thought, conscience, mental privacy, and autonomy over one’s mind. It encompasses our right to control our cognitive processes, cognition, and consciousness without external interference. Though a relatively recently defined concept, many theorists see cognitive liberty as being of increasing importance as technological advances in neuroscience allow for an ever-expanding ability to directly influence consciousness. This concept is rooted in the broader framework of human rights but focuses specifically on protecting the integrity and autonomy of our minds. It has been argued to be both an extension of and the principle underlying, the right to freedom of thought.
Freedom from Influence
Freedom from undue influence, to refrain from non-consensually interfering with an individual’s cognitive processes, is a cornerstone of cognitive liberty and seeks to protect individuals from having their mental processes altered or monitored without their consent or knowledge, “setting up a defensive wall against unwanted intrusions”. It ensures that individuals have the right to their thoughts and mental processes without external manipulation or coercion. This principle is vital in maintaining personal autonomy and mental privacy, preventing any form of unwarranted interference that could compromise an individual’s cognitive freedom.
Freedom of Mind
At least one scholar and proponent of cognitive liberty, Christoph Bublitz, has used the term ‘freedom of mind’ to describe cognitive liberty: “Mind-altering interventions primarily affect another sense of freedom, freedom of mind, a concept that has not received much attention although it should rank among the most important legal and political freedoms…This freedom is not often regarded in its own right but should be recognized and more fully developed in the face of emerging mind-altering technologies…Freedom of mind is the freedom of a person to use her mental capacities as she pleases, free from external interferences and internal impediments”.
Relationship to Recognized Human Rights
Cognitive liberty is deeply intertwined with recognized human rights and encompasses elements of freedom of thought, privacy, and personal autonomy, all of which are enshrined in international human rights frameworks such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. However, cognitive liberty is not directly recognized as a human right by any international human rights treaty. While freedom of thought is recognized by Article 18 of the Universal Declaration of Human Rights (UDHR), freedom of thought can be distinguished from cognitive liberty in that the former is concerned with protecting an individual’s freedom to think whatever they want, whereas cognitive liberty is concerned with protecting an individual’s freedom to think however they want. Cognitive liberty seeks to protect an individual’s right to determine their state of mind and be free from external control over their state of mind, rather than just protecting the content of an individual’s thoughts.
It has been suggested that the lack of protection of cognitive liberty in previous human rights instruments was due to the relative lack of technology capable of directly interfering with mental autonomy at the time the core human rights treaties were created. As the human mind was considered invulnerable to direct manipulation, control, or alteration, it was deemed unnecessary to expressly protect individuals from unwanted mental interference. With modern advances in neuroscience and neurotechnology and in anticipation of their future development, however, it is argued that such express protection is becoming increasingly necessary.
The Importance of Cognitive Liberty
Ongoing improvements to neurotechnologies, such as transcranial magnetic stimulation and electroencephalography (or “brain fingerprinting”), and emerging mind-altering technologies such as brain-computer interfaces (BCIs) and psychotronic weapons are continuing to increase the ability to both monitor and directly influence human cognition. As a result, many theorists have emphasized the importance of recognizing cognitive liberty to protect individuals from the state using such technologies to alter those individuals’ mental processes: “States must be barred from invading the inner sphere of persons, from accessing their thoughts, modulating their emotions or manipulating their personal preferences.” (Bublitz, Jan Christoph; Merkel, Reinhard (2014). “Crime Against Minds: On Mental Manipulations, Harms and a Human Right to Mental Self-Determination”. Criminal Law and Philosophy. 8: 61).
Personal Autonomy
Cognitive liberty is fundamental to personal autonomy. Protecting this liberty is essential for maintaining our sense of self and agency. Most proponents of cognitive liberty agree that cognitive liberty should be expressly recognized as a human right to properly protect individual cognitive autonomy.
Mental Privacy
Just as we have a right to physical privacy, we also have a right to mental privacy. This includes the freedom to keep our thoughts, intentions, and emotions private. Intrusions into our mental space can be deeply invasive and harmful. Duke University School of Law Professor Nita A. Farahany has proposed legislative protection of cognitive liberty as a way of safeguarding the protection from self-incrimination found in the Fifth Amendment to the US Constitution, in the light of the increasing ability to access human memory.
Human Dignity
Cognitive liberty is intrinsically linked to human dignity. Respecting and protecting the integrity of our minds is a cornerstone of treating individuals with the respect and dignity they deserve. The freedom to think independently and without coercion is essential for personal integrity and self-determination. When cognitive liberty is compromised by invasive technologies, individuals lose control over their innermost selves, leading to a profound violation of their dignity. Ensuring the protection of cognitive liberty means upholding the right to mental privacy and freedom from manipulation, thus preserving the inherent dignity and worth of every person.
Mental Integrity
Though the freedom from influence aspect of cognitive liberty is often defined as an individual’s freedom from state interference with human cognition, Jan Christoph Bublitz and Reinhard Merkel among others suggest that cognitive liberty should also prevent other, non-state entities from interfering with individual’s mental “inner realm”. Bublitz and Merkel propose the introduction of a new criminal offense punishing “interventions severely interfering with another’s mental integrity by undermining mental control or exploiting pre-existing mental weakness.” Direct interventions that reduce or impair cognitive capacities such as memory, concentration, and willpower; alter preferences, beliefs, or behavioral dispositions; elicit inappropriate emotions; or inflict clinically identifiable mental injuries would all be prima facie impermissible and subject to criminal prosecution. Sententia and Boire have also expressed concern that corporations and other non-state entities might utilize emerging neurotechnologies to alter individuals’ mental processes without their consent. (Sententia, Wrye, 2004, “Neuroethical Considerations: Cognitive Liberty and Converging Technologies for Improving Human Cognition”. Annals of the New York Academy of Sciences; Boire, Richard Glen, 2000, “On Cognitive Liberty (Part II)”. Journal of Cognitive Liberties.)
Defending Cognitive Liberty
At the Institut Psychotronique, we are committed to defending cognitive liberty in the face of these emerging technological threats and challenges. Our Neuroprivacy Project aims to raise awareness, advocate for legal protections, and promote ethical standards for mind-altering technologies, ensuring that the advancements of tomorrow respect and enhance the fundamental rights and freedoms that define our humanity.
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Join us in this vital mission to safeguard our minds and futures. By donating to the Neuroprivacy Project, you help us advance our mission of preserving the sanctity and integrity of our minds to create a world where technological progress goes hand in hand with the preservation of our most precious human rights. Together, we can ensure that our cognitive rights are upheld and that future generations can enjoy a world where their thoughts and mental privacy are respected. Please consider contributing today to fuel our research, advocacy, and public education efforts. Your generosity makes a difference.
