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8 - Legal Aspects of Human Enhancement Technologies

from Part II - Applying the Law to Some New Technologies

Published online by Cambridge University Press:  14 December 2018

William H. Boothby
Affiliation:
Geneva Centre for Security Policy
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Summary

Chapter 8 asks, inter alia, ‘how far can we change before we cease to be ourselves’, thus emphasising the importance and complexity of issues arising from human enhancement. Explaining that currently available enhancement technology seems unlikely to change the fundamental humanity of enhanced individuals, advanced prostheses with osseointegration and brain-computer interfaces are among the technologies that raise complexities in the relationship between what is recognisably human and what are considered to be objects. After reviewing numerous human enhancement techniques, the Chapter considers how the law of armed conflict will apply, framing the discussion by reference to distinction, proportionality, precautions, superfluous injury and unnecessary suffering and the protection principles and rules. The position under human rights law is then assessed specifically by reference to biochemical enhancement, cybernetic implants, brain machine interfaces and prosthetic technologies. The Chapter addresses some intriguing issues, such as under domestic criminal law at what point does the appropriate charge cease to be assault and become criminal damage (to a prosthesis) and does osseointegration change the calculus? Towards the end, arguments that new human rights might be required to protect the human mind are addressed, noting the likely ability of existing rights to address the perceived challenges.
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Publisher: Cambridge University Press
Print publication year: 2018

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