Human Rights

At the Rick Warren panderfest, each candidate was asked, "At what age do babies get human rights?" McCain said, "At conception." As someone who is mostly anti-abortion (but not necessarily anti-choice, a distinction that is for another day), I found the answer to be profoundly silly, because the premise of the question was silly. Is the human right to "live" different depending on whether you are a baby or a death row inmate? If committing a crime is the basis for taking away life, isn't more accurate to say that the life is a privilege, not a right? Not something that is innate or immutable, but something that can be taken away? And if it is a privilege, who determines access to the privilege? The state? A mother? God? What role should the state play in determining that?