Under Enlightenment era philosophy, human rights are innate (or equivalently, granted by God). The state may or may not acknowledge those rights, but they don't

Under Enlightenment era philosophy, human rights are innate (or equivalently, granted by God). The state may or may not acknowledge those rights, but they don't create them. This is literally the first thing you read in the very first founding document of the U.S. (the Declaration of Independence): "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights".