The question of the basis of human equality has recently gained increasing attention. However, much of the literature has focused on whether persons—understood as fully competent adults—have equal moral status, while relatively less attention has been devoted to the analysis of what grounds the equal moral status of those human beings who are not fully competent adults. This paper contributes to this debate by addressing the question of the equality of moral status between adults and children. Specifically, this paper has (...) three aims. First, it provides a conceptual map of this complex issue. Second, it argues that the challenges that have been raised against standard accounts of persons’ equal moral status are even more forceful when applied to the question of adults and children’s moral equality. Finally, it examines what a commitment to adults and children’s moral _inequality_ entails and what it does not, thereby showing that the justificatory role of the principle of moral equality is not as far-reaching as commonly assumed. (shrink)

Most philosophical accounts of human rights accept that all persons have human rights. Typically, ‘personhood’ is understood as unitary and binary. It is unitary because there is generally supposed to be a single threshold property required for personhood. It is binary because it is all-or-nothing: you are either a person or you are not. A difficulty with binary views is that there will typically be subjects, like children and those with dementia, who do not meet the threshold, and so who (...) are not persons with human rights, on these accounts. It is consequently unclear how we ought to treat these subjects. This is the problem of marginal cases. I argue that we cannot resolve the problem of marginal cases if we accept a unitary, binary view of personhood. Instead, I develop a new non-binary personhood account of human rights, and defend two main claims. First, there are many, scalar properties, the having of which are conducive to personhood. Second, different subjects have different human rights depending on which of these properties they have, and what threats apply to them. On my view, and contra most existing accounts, most marginal cases have some degree of personhood and are entitled to some human rights. (shrink)