Neurorights Implications of the Axiological Disparity between Algorithmic Biases and Neurodevelopment

Abstract

In this work, we argue that any estimation of the risk of recidivism in adolescents based on “black-box” algorithms and on their criminal antecedents, ignoring the immaturity of their neurodevelopment, implies a violation of the “neuroright” to protection from algorithmic biases, proposed by the NeuroRights Foundation, thus making this age group especially vulnerable and depriving them of fair opportunities for reintegration and socialization. Crime “neuroprediction” tools worsen this problem when they are not used to explore possibilities for specialized intervention. The neurodevelopment gap of minors constitutes a space of victimological attention that has been widely undervalued. It should also lead us to reflect on what neurosciences can contribute and on whether there is adequate normative protection that shields their rights from eventual misuses of neurotechnologies.