On a brighter note one of Pisiu's comments does open the door for a discussion on substantive rights.
This comment of his, "The notion of a human having a right just because he was born is stupid."
I beg the question, if you cannot claim a right, do you even have it? What makes a right real?
This is what I meant when I said bombarding Pisiu for his beliefs won't accomplish anything but mutual frustration. Nobody here was going to become a fascist because of him. No harm could have come from his presence and now he is gone. In that last flurry of frustration, he did actually say something of value.
To answer my own question about rights. No, if you cannot claim a right you do not actually have it. What do I mean by claim? Let's say you have the right to freely travel across borders, and your passport guarantees this. Let's also say you don't have enough money to buy a passport. Since you can't actually cross any borders you don't have the right to travel, it is a farce, only in name. The same goes with representation. Can you pay enough to lobby effectively? If so, congratulations you will be represented fairly in your government. If not, you likely won't be represented. In this sense, if you're not rich, you don't have the right to representation, at least not in the same capacity as someone who is wealthy. One more example. Let's say you have the right to an abortion, but there are only two clinics in the state and you're too poor to own a car and live in a public transit desert and those two clinics are on the other side of the state. In this case, the state legalizes the act of abortion, but you can't actually get one. Once again, you don't have that right because you can't claim it. The right is only given in name, nothing more.
Since we agree that the state should uphold our rights, but as illustrated above often only does on paper. It is fair to say that we need a new infrastructure for claiming and guaranteeing our rights, otherwise we don't actually have them. And no, just reforming states to magically guarantee rights doesn't work. We've been attempting that for the past four centuries. We need a new form of social contract.
You could also take Pisiu's angle and say they don't exist, but that's false. Rights do exist if they are enforced, the act of enforcement makes them real.