From an answer on the Quora question “Why do many Americans think that healthcare is not a right?”:
First and foremost we need to eliminate God from the discussion of rights. God is an issue of faith and to assert that rights are a product of God infers that those who are not faithful do not have rights and/or societies cannot assign rights. Indigenous societies in America very successfully managed tribal rights for 20,000 years without the need for the Christian definition of God.
Why should we seek to eliminate God from this discussion? It seems to me that if we are talking about trancendent human rights which apply to all persons in all circumstances at all times then, like morality, there is no better canidate for grounding such rights than the Creator referenced in America’s deceleration of independence from Brittan.
Whats more, it seems that such a notion of rights as being derived from a divine source has served both theist and non-thiest alike.
Further, capitalism, like secularism, is insufficient for providing us the “ought to” that constitutes rights. In lieu of a rights giver all we are left with is a description of statistical preference displayed in legal authority. Without a Creator we can only derive our rights from the crowd or the king and I believe Samuel Rutherford made an excellent case against both in his work Lex Rex.
In the end, if we do not define what is and is not a right properly we will try to create a utopia here on earth and history has shown us time and again that the pursuit of utopia is worse than acknowledgement of reality.