This “Right to Normalcy” might demand something like Stratified Utopia. TLDR: If you want to do normal stuff then you can stay on Earth; if you want to do galaxy-brained stuff then wait until you reach the distant stars.
That seems pretty simplistic. Suppose you’re born on North Sentinel, but, despite your (unchosen and probably very forcefully inculcated) native culture, you decide you want to go off and join the, um, “galaxy brains” in the outside world. Do you have any realistic chance to do that? Applies in the other direction, too, for that matter.
The whole “abrupt destructive upload” thing is going to be a hard no for at least a lot of people, even if they buy into “it’s just as good to be simulated”… which I suspect most people would not and could not easily be convinced to.