They're not a conditional construct. They are by definition universal. When something is a human right, we consider it to be an inalienable right that no party has a right to violate.
And 'social contract' is double speak. It's an attempt to misappropriate the concept of a contract to confer moral legitimacy to majority dictates.
Human rights are a human construct. Moreover, they only make sense within the context of social contract which only becomes practical when enforced by a government.