Comment by knollimar
3 hours ago
And before they were rights encoded in law were they rights?
I feel it makes your claim weaker to go from "should have" to "is a right" if there's any doubt in it.
There's strong "we have a right to ancillary thing" arguments you can make that rely on a right, but those rely on that right being a given, not the premise
When somebody says "X is a right", that does not necessarily mean they think the case is closed and the discussion is over. It can also mean that they are making an assertion, which frames the discussion for the follow-up questions that you are now making.