Can “Synths” and “Posthumans” have Human Rights?

In the recently-finished third season of the intelligent drama Humans [spoiler alert…], the government has set up a Commission under the chairmanship of Lord Dryden to consider the legal status of synthetic robots (Synths). These creatures had become conscious at the end of the previous series (if you want to know more, I do recommend that you watch the box set).

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Mia (Gemma Chan) is a central character in the first three seasons of Humans

Against that backdrop, I was especially interested to read a new paper in the Medical Law Review by David Lawrence and Margaret Brazier. Legally Human? ‘Novel Beings’ and English Law considers ways in which the European Convention on Human Rights and English case law might be brought to bear on the legal status of human-like creatures. The authors favour the description of such beings as “sapient” rather than the more common “sentient”, not least as sentience was famously used by philosopher Jeremy Bentham as justification for broadening protection from suffering to non-human animals.

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Lawrence and Brazier examine three types of entity whose production is scientifically-plausible using existing technologies (whilst acknowledging that other methods might emerge in the future). These creatures are: Continue reading

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