Susana:Can the test be made to exclude babies
I think you meant include babies, since you seem to be claiming that the tests already exclude them.
I've been taking a bit of a shortcut since I didn't think it would be relevant, but since you have made it so, I'll try to explain.
The idea of inherent rights is a fallacy. Rights do not inhere to an individual, they are a requirement on the part of a moral agent for the kind of behavior that can be directed toward another moral agent. A baby has the capacity for moral agency, but it does not yet have the intellectual contents in its mind to exercise that capacity. But since another's consciousness, and the contents of it, are entirely inaccessible to another person - whether the subject is an adult or a baby - we cannot actually know the difference between capacity and concrete ability. All we have to go on is a categorical definition of what kind of entities have the capacity - we cannot make that judgment based on the concrete contents of another consciousness
Further, parents are a proxy for the interests of a child until the child can excercise his own moral agency. In that sense, a baby has not only the capacity, but the concrete instantiation of moral agency, even if only by proxy. Since they have it, aggression would be a violation of it. The extension of rights to babies without such a proxy is just a more complicated formulation.
The state won't go away once enough people want the state to go away,
the state will effectively disappear once enough people no longer care
that much whether it stays or goes. We don't need a revolution