I'm not sure why you think that the two arguments are contradictory. Rights are always rights of private entities against the state. It's perfectly normal not t

I'm not sure why you think that the two arguments are contradictory. Rights are always rights of private entities against the state. It's perfectly normal not to be bound by some right that you are at the same time claiming against the state. Fundamental rights are very different from (for example) contract law where duties are often somewhat connected to each other.