Living, human, but at a stage of development in which it can only survive in a womb.
The questions here (basically, what restrictions to place on abortion) are legal, not scientific ones, to be decided by legislatures and courts.
The science as you said is clear, the embryo is a living human being.
Where we disagree is that you think courts have the constitutional power to define when life begins. They don't, they never have and they never will.
That kind of power was never given to unelected judges. "The people" knew better.