Brain Equality: Legal Implication of Neurodiversity in a Comparative Perspective

This article inquires into some of the implications of the concept of neurodiversity. First, it analyzes the definition of neurodiversity and its legal dimension. Then, it explores the claim made by part of the neurodiversity movement that people with different neurodevelopment profiles should be considered a new minority. Finally, this article discusses how neurodiversity might require a new interpretation of the idea of constitutional equality. In order to discuss these issues, this article comparatively analyzes neurodiversity-related jurisprudence of the highest North American and European courts over the last fifteen years. Examining these decisions helps determine the current relationship between neurodiverse individuals and legal systems, highlighting that the principle of equality is under intense pressure when the context implicates neurological diversities.