Developments in Neuroethics and Bioethics, Volume 8 - Chapter Ten - Indigenous people in international law: Developments and perspectives

International law traditionally addresses the so-called subjects of international law, i.e. states and some other actors, but not individuals or individual population groups. International law also does not scrutinise modern state borders and their creation. As a result, the rights of indigenous groups are only weakly developed in international law. In recent decades, efforts have been made to improve the status of indigenous peoples under international law. However, these processes are complex and lengthy. It is therefore more appropriate to make indigenous interests and positions visible through ad hoc amendments to individual texts of international law. In view of the human rights challenges posed by modern neuroscience, UNESCO’s current work on a ‘Declaration on the Ethics of Neurotechnology’ represents such a suitable opportunity. As the planned declaration is primarily intended to deal with the areas of mental integrity and human dignity, personal identity and psychological continuity, autonomy, mental privacy, access and social justice, it makes sense to incorporate specific indigenous positions in the declaration.