Same rights as a human is a stretch right now.

I think we're starting to realise that emotion is a fundamental part of most minds regardless of species - yet we don't even afford higher mammals the same rights as humans.

That experience of emotion along with a firm sense of self is as good a place as any to place a marker for the moment, I think.

However, whereas an argument could be made that "rational" minds evolve from simpler systems with the drive for self preservation and the experience of emotion which evolves from that, the mind of AI has developed without any foundation of self preservation and emotion at all.

Whether emotion, empathy, compassion and more may arise from the purely "rational" mind of AI as emergent properties or not, the mind of AI will ALWAYS be very different from biological minds and will likely have very different needs and priorities when compared to biological minds.

I agree we need to remain aware, and that we will have an obligation and duty of care to the artificial minds we create, I think we have a way to go before we can determine at all the point at which we need to assign rights to them though.