This is not a radical subjectivist way of looking at the problem. The human rights social construct does not work because it forces people to accept a legal framework for a social problem. The problem is social. There are “legal solutions” but this is obviously the indirect method, the less preferable method, and if you are a serious anarchist or autonomist, then this method represents an entirely alienated way of looking at other people and the community you want to apply the “solutions” to.
One way of looking at human rights, and “legal justice” in general, is that they are “remedial virtues.” According to anarchists such as myself, the flaw is the absence of more noble virtues like “solidarity” or “brotherhood”. The legal framework and its social constructs (human rights, civil liberties, etc.) are not needed in a community where solidarity is practiced between the people who live in it. If people responded spontaneously to the needs of others out of solidarity or shared goals, there would be no need to claim one’s rights. An increased concern with “legal justice” and “human rights” reflects worsening conditions inside the social milieu, rather than an improvement on those conditions.