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The Equal rights Objection

Category:

Philosophy

Sub-category:

Other Arguments?

The equal rights objection asks whether extending rights to the unborn is consistent with how we already understand equality and protection from violence. When equality is taken seriously, it means opposing violence against innocent members of the same moral community. In practice, this community already includes all human adults and infants, regardless of differences in size, ability, race, or sex. It excludes animals like squirrels—not because squirrels lack value, but because they are not members of the human moral community to which equal rights apply.


The challenge, then, is explaining where that boundary comes from. Attempts to ground equal rights in abilities fail. If self-awareness is required, newborn infants lose protection. If minimal perception or awareness is enough, then many animals would have to be granted equal rights alongside humans. Each ability-based standard either excludes some humans we clearly believe deserve protection or includes non-humans we clearly do not treat as equals.


What actually explains the boundary we already accept is not present ability, but what kind of being someone is. Equal rights track human nature itself, not developmental stage or current mental capacity. Once that standard is acknowledged, the unborn cannot be excluded without contradiction. They are the same kind of being as infants and adults—human beings at an earlier stage of development—and therefore belong within the same equal-rights framework that protects others from violence.

Key Takeaways

  • Equal rights mean equal protection from violence for all innocent human beings, not just those with certain abilities.


  • Ability-based definitions of rights either exclude newborns or include animals, making them morally unstable.


  • Human nature—not age, size, or mental development—is what consistently grounds equal rights.


  • Because the unborn share the same human nature as infants and adults, equal rights require protecting them as well.

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