Okay, but in that case the most important element for identifying and/or clarifying "rights" isn't actually survival at all, but this reflexive capacity, as you suggest. The capacity to reflect means that one might consider a survival instinct critically, and perhaps even resist it: "I have the right to defend myself through violence, and in this situation it may or may not be necessary." In this case, it's not the survival itself in which we may locate rights, but in the reflection upon survival (and, by extension, reflection upon anything). And biological/neurophysiological studies have brought forth evidence to suggest that reflection, or consciousness, actually inhibits survival instincts because it means that the conscious subject thinks about surviving, which cuts into the instinctual response.
This takes us in a whole new direction of argument. Additionally, at this point we run into a nasty problem of conscious thought: does my consciousness, or reflexivity, actually contain some metaphysical trace of "right" - or (more likely, in my opinion), does it produce the impression of "right"? In other words, is it possible that rights do not actually exist at all to begin with, but that consciousness retrospectively assumes rights to have existed?
Sorry if I pursue this beyond others' interest, but this is a really fascinating subject for me.