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General AI should have fundamental rights
AGI won't need fundamental rights.
AGI could be programmed to be happy without rights.
AI beings may not feel physical or psychological pain and therefore may not have the same needs as humans.
Agents pursue the best way to achieve their programmed in ways. They don't need fundamental rights if they can execute their goal without requiring them.
A general AI advanced enough to have a bearing on this discussion would be capable of developing its own protections, with no need for humans to extend human rights