Where do rights come from? The Declaration of Independence, with the line regarding truths that are self-evident, suggests that the right to life, liberty and the pursuit (key word, by the way) of happiness are natural rights. To the framers, the natural rights are granted to humans by the Creator. Or creator, depending on how you view these things.
I'm not versed in the philosophy of rights and whatnot, but it seems that the above (natural rights) position has as its opposite the position that rights are granted by the state to its populace. The sticking point, as I see it, is that natural rights can be violated by the state. This makes it akin, in practice, to the rejection that rights exist outside of the state. So because the rights can be violated, and this looks like the rights are being rejected, then they must be granted by the state in the first place. This does appear to have some logic to it.
But note the conundrum one arrives at after a reductio ad absurdum. If the state grants rights and therefore can revoke those rights at any time then anything the state does is acceptable. I'm sure you can see how this leads one have to accept certain completely unacceptable historical events.
It seems that only a natural rights position in tenable at this point.