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# Moral status: who counts, the five theories and degrees

- Topic

Having moral status means a being's interests count in their own right; theories disagree on what grounds it and whether it has degrees.

Updated Nov 13, 2026

## Key points

- Moral status: the being's interests count in their own right; it can be harmed or treated unjustly.
- Five proposed grounds: sentience, cognitive capacities (personhood), potential, human species and relationships.
- Each theory leaves someone out (for example, the cognitive-capacity view excludes newborns).
- Degrees: full moral status and lesser statuses; a low degree is not the same as none.
- In Colombia, since ruling C-055 of 2022, abortion is punishable only after week 24 (the three grounds of C-355 of 2006 have no time limit).

## What it is

A being has moral status when its interests matter in their own right and not only for what they mean to others: it can be harmed or wronged. The question is central to bioethics because it shapes how embryos, fetuses, very premature newborns, people in a vegetative state or laboratory animals are treated. There are five main answers about what grounds moral status: sentience (being able to feel pleasure and pain), sophisticated cognitive capacities (reason, self-awareness, plans; the idea of a person), the potential to develop them, membership of the human species, and special relationships. Each includes or excludes different beings, and none convinces on its own. That is why many positions accept that moral status comes in degrees: a full status and lesser ones, which are still different from having none.

## Key facts

- Sentience: includes most animals; it is criticised for not explaining why a human with limited capacities is protected more.
- Cognitive capacities (Kant is the classic example): criticised for leaving out infants and people with severe cognitive disability.
- Potential: includes the embryo and the infant; whether potential is enough to ground status is disputed.
- Human species: matches common intuition, but raises the question of why a biological fact should carry moral weight by itself.
- Special relationships (family, community): explain concrete obligations, but can include or exclude arbitrarily.

## Structure

- Full status: a strong presumption against interference, a strong reason to help and to treat fairly.
- Lesser status: the same reasons with less force, or only some of them.
- Threshold view: whoever passes the threshold has full status, equal to everyone else's.
- Scalar view: status rises gradually with capacities or development.

## The five theories of moral status

| Theory | What grounds status | Who it includes | Criticism |
| --- | --- | --- | --- |
| Sentience | Being able to feel pleasure and pain | Humans and many animals | Does not explain the special protection of humans with limited capacities |
| Cognitive capacities | Reason, self-awareness, plans | Adults with capacity | Leaves out infants and people with severe cognitive disability |
| Potential | Being able to develop those capacities | Embryos, fetuses, infants | Unclear that potential gives present status |
| Human species | Being human | Every human being | Why a biological fact should carry moral weight |
| Relationships | Bonds of family or community | Those in relationship | Can include or exclude arbitrarily |

## In clinical practice

- In animal research, sentience justifies reducing pain and the number of animals, even when their use is accepted.
- In neonatology, a newborn's full moral status does not depend on cognitive capacities: they are protected like any patient.
- In embryo research, those who grant full status from fertilisation and those who grant it by degrees reach different conclusions about its use.
- In people with severe neurological damage, moral status does not decrease; what is discussed is which treatment benefits them.

## Legal framework in Colombia

- Ruling C-055 of 2022: abortion is a crime only after week 24 of gestation; the three grounds of ruling C-355 of 2006 remain with no time limit.
- Political Constitution, art. 1: the State is founded on respect for human dignity; art. 13: special protection for people in manifest weakness because of their physical or mental condition.
- Constitution checked on 2026-11-13 in the Función Pública Gestor Normativo; the rulings were checked on 2026-11-05 at corteconstitucional.gov.co (relatoría).

## Test yourself

Think of the answer, then tap the question to see it.

## What does it mean to have moral status?

That a being's interests count in their own right, so it can be harmed or wronged.

## What is the main criticism of grounding moral status in sophisticated cognitive capacities?

It leaves out infants and people with severe cognitive disability, whom almost everyone considers protected.

## What does it mean that moral status comes in degrees?

There is a full status and lesser ones, with weaker reasons for protection; a low degree is still different from having no status.

## What did ruling C-055 of 2022 say about the time limit for abortion in Colombia?

That it is punishable only after week 24 of gestation, and that the three grounds of C-355 of 2006 remain with no time limit.

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## Connections

## Related 4

- [Embryo research, stem cells and cloning](https://durgical.com/en/medical-ethics/embryo-research-stem-cells-and-cloning/)
- [Sentencia C-055 de 2022: abortion up to week 24](https://durgical.com/en/medical-ethics/sentencia-c-055-de-2022-abortion-up-to-week-24/)
- [Sentencia C-355 de 2006: the three grounds for abortion](https://durgical.com/en/medical-ethics/sentencia-c-355-de-2006-the-three-grounds-for-abortion/)
- [Kantian ethics: duty and persons as ends](https://durgical.com/en/medical-ethics/kantian-ethics-duty-and-persons-as-ends/)

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Educational content on ethics and health law; not legal advice. Laws and case law change: each page links the official text and says when it was last checked. For a real case, read the text in force and ask a lawyer or the medical ethics tribunal.

Sources: [The Grounds of Moral Status](https://plato.stanford.edu/entries/grounds-moral-status/) (Stanford Encyclopedia of Philosophy, 2021); [Sentencia C-055 de 2022](https://www.corteconstitucional.gov.co/relatoria/2022/C-055-22.htm) (Corte Constitucional de Colombia, 2022); [Constitución Política de Colombia 1991](https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=4125) (Función Pública, Gestor Normativo, 1991).

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