This distinction doesn't matter. You can't have meaningful, substantive rights, without an adequate governmental budget that is allocating resources toward your specific needs.
If you live in Chinatown (the place in the movie), then you don't have the SUBSTANTIVE right not to be murdered, because the police will enforce nothing. Your rights are taken away in reality.
But in your paper fantasy, you still have the rights because of some paper somewhere, even though you are dead.
In the real world, a right without an enforcement budget is no right at all.