ABSTRACT

Human mood enhancement technology offers promising benefits for their users ‘ health and well-being while raising critical legal issues that must be addressed. This chapter, therefore, analyses the applicable human rights legal frameworks at the UN, CoE and EU levels concerning this type of technology.

Chapter 3 focuses on the principles and rights applicable to mood HETs stemming from the International Covenant on Civil and Political Rights (hereinaft er: ICCPR), the International Covenant on Economic, Social and Cultural Rights (hereinaft er: ICESC), the Universal Declaration of Bioethics and Human Rights (hereinaft er: UDBHR), the Convention on Human Rights and Biomedicine (hereinaft er: the Oviedo Convention), the Framework Convention on artificial intelligence, human rights, democracy and the rule of law (hereinaft er: the AI Convention), the European Convention on Human Rights (hereinaft er: ECHR), the Modernised Convention for the Protection of Individuals with Regard to the Processing of Personal Data (hereinaft er: the Convention 108 + ), the European Social Charter (hereinaft er: ESC), the Charter of Fundamental Rights of the European Union (hereinaft er: CFREU), including the secondary EU legislation whose applicability is established on the example of a case study technology outlined in the Introduction. This analysis also includes the examination of the jurisprudence of the European Court of Human Rights (hereinaft er: ECtHR) and the Court of Justice of the European Union (hereinaft er: CJEU).