In a state of nature, there can be no rights nor obligations. A "right" is a legal concept, it connotes an entitlement which may be enforced against some other human being. Similarly, the obverse of a right, namely an obligation, connotes a duty which others may enforce upon you.
[ed: "legal" as in a contractual relationship, not a reference to the law]
Without law and order, there can be no rights (nor obligations), unless of course you believe that they are conferred upon you by God.
What you do have, however, are freedoms. The freedom to do anything you like, including the freedom to murder anyone else.
It is because of this undesirable state ("a war of all against all") that, out of pragmatism and necessity, we all enter into a social contract from which certain rights and obligations stem, including human rights.
[Reference - extract from Thomas Hobbes: Whatsoever therefore is consequent to a time of war, where every man is enemy to every man, the same consequent to the time wherein men live without other security than what their own strength and their own invention shall furnish them withal. In such condition there is no place for industry, because the fruit thereof is uncertain: and consequently no culture of the earth; no navigation, nor use of the commodities that may be imported by sea; no commodious building; no instruments of moving and removing such things as require much force; no knowledge of the face of the earth; no account of time; no arts; no letters; no society; and which is worst of all, continual fear, and danger of violent death; and the life of man, solitary, poor, nasty, brutish, and short.]
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It is an assumption under the social contract theory that human rights form part of the rights guaranteed by the ruler and enjoyed by the subjects.
Any government that fails to carry out its contractual obligation (the obverse of the citizens' right) therefore breaches the trust which the people have displayed by conferring power upon it. Consequence? The people will be entitled to withdraw their acceptance of the government's legitimacy.
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Rights are not created by virtue of law, they are created by virtue of the social contract. Laws (or any rules) are only how the rulers implement their promise and discharge their obligations under the social contract.
When I have said that rights are a legal concept, the word "legal" is used in a loose manner, not referring to the actual laws that are promulgated by the state, but the mutually binding relationship that arises under the social contract.