Jul 2026· European Socio-Legal & Humanitarian Studies· pp. 59-66· 0 citations· 16 references
Abstract
The article examines the principal philosophical and legal questions arising in connection with the development of the transhumanist movement. It is established that transhumanism, as an intellectual and socio-political movement advocating the radical expansion of human capabilities through technology, poses a qualitatively new challenge to legal science, calling into question the immutability of the human being as a subject of law and undermining the traditional understanding of human nature as the common foundation of equality. The article analyses four new human rights proposed in the context of neurotechnological development – the right to cognitive liberty, the right to mental privacy, the right to mental integrity and the right to psychological continuity – and critically evaluates their dual nature: while designed to protect the freedom and privacy of the human mind, they must not become an instrument for legitimising compulsory enhancement. The legal concept of morphological freedom is examined as an independent construct encompassing both the right to restore bodily functions and the right to enhance cognitive and physical capabilities, and it is argued that this right, though a legitimate subject of constitutional and civil law protection, cannot be absolute and requires a clear balance between individual self-determination and the interests of public safety and equality. Special attention is devoted to the phenomenon of «technological inequality» – a new form of inequality rooted not in social conditions but in biological capabilities acquired through technological choice – and its legal implications in the fields of labour law, the right to education and electoral rights. It is concluded that an effective legal response to transhumanism requires the development of a fundamentally new regulatory paradigm based on recognition of morphological freedom combined with the inviolable core of human dignity, prohibition of discrimination against non-enhanced persons, equal access to basic enhancement technologies, and a special legal regime for technologies directly interfering with neural processes.
This study presents a comprehensive analysis of the contemporary human rights system, shaped by breakthrough technologies, within the framework of digital constitutionalism.The evolution of public administration is increasingly driven by transformative factors, most notably end-to-end digital technologies. These advanc...
T. V. Pashnina· Courier of the Kutafin Mosco...· 0 citations
This article examines gender identity as a fundamental right and an essential attribute of personality within the Brazilian legal system, exploring the profound intersections between Civil Law, Constitutional Law, and Human Rights. The study proceeds from the dogmatic premise that strict binary biological categorizatio...
Anaelisa De Sousa Ramos· Revista Gênero e Interdiscip...· 0 citations
This research aims to examine the right to freedom as an essential dimension of human rights and a structural foundation of the contemporary democratic order. Through a historical approach, the study reconstructs the evolution of freedom from its classical roots — exemplified by Sophocles’ Antigone — to its modern cons...
Pedro Henrique Pinto Cuzzuol· Revista de Estudos Interdisc...· 0 citations
Introduction: the liberal perception of freedom as a contradiction between its negative and positive aspects formed the basis for dividing human rights into generations. Personal and some political rights, on the one hand, and socio-economic rights, on the other hand, are not divided simply into generations, but into l...
M. Sagandykov· Вестник Пермского университе...· 0 citations
This study aims to examine how human understanding of divine decree, destiny, free will, and responsibility should be evaluated from the perspective of Islamic theology (kalām) in the age of transhumanism. A qualitative research method was adopted, and classical and contemporary kalām literature, along with studies on...
It is argued that theology should neither withdraw into disciplinary isolation nor claim authority over technical questions; rather, it can contribute cross-contextual normative judgment concerning human dignity, epistemic autonomy, personhood, responsibility, and the common good.
Doru Negricea· Religions· 0 citations
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