Paulina Ramos

Some have advocated for creating new fundamental neurorigths with universal validity such that national legislations worldwide should adapt to enforce them. Others have brought into question such a movement warning against rights inflation. We argue that we should avoid introducing new fundamental rights in any legal framework whenever possible. We call this the situated approach since whether it is possible to protect the mind without introducing new rights is a question that should be asked in each legal framework separately. We show that in the case of Chile, that can be done, and we propose how. Specifically, we provide a critical assessment of local regulatory proposals and show that, as a result of the local legislative debate, they have evolved from a universalist stance towards a much more situated view. However, we suggest that in their current state, they still are insufficiently grounded in the Chilean legal system, which we regard as providing enough protection against neurotechnological harm in most relevant cases.

The metaverse, enabled by technologies, such as virtual reality (VR), augmented reality (AR), and artificial intelligence (AI), challenges our traditional understanding of reality, identity, and corporeality. It offers immersive virtual experiences that blur the lines between the real and the synthetic, creating new opportunities for human interaction, expression, and self-exploration. In this paper, we explore (i) the technological advancements driving the development of the metaverse and its potential applications across various sectors; (ii) the avatar concept, a digital representation of oneself within the metaverse, and its implications for identity and presence; and (iii) the profound impact on our perception and understanding of reality and the complex philosophical and ethical questions it raises. The metaverse stands as a novel frontier in human experience, presenting both opportunities and challenges. It demands a critical reassessment of how we perceive embodiment, awareness, and identity in this digital era. While we embrace its potential to expand human capabilities, we must remain mindful of its risks and ensure its ethical and responsible social integration.