If you can't waive your rights, you can't even settle out of court. That's what a settlement is -- an agreement to waive right to due for some payment.
In the case of basic rights, why would you want to settle out of court?
i.e. if the ice skating rink from the above example is negligent in their requirement to provide a level of care, then they need to be punished by a court.
How is it hard to understand? Settle does not in any way mean "forgive" or "forget" or "waive."
Court: a year (or more) of legal fees, proceedings, headache, stress, and pain in the ass. Settle: Get less cash, be done with it.
In both cases, you're being compensated for the violation of your basic rights. In one of them, you take up the court's time and pay for it dearly in order to make your point publicly and to potentially get more money. In the other, assuming you're trying to sue someone without too much hubris such that they're willing to settle, the affair is much tidier, but generally less bitter for the loser, too.
i.e. if the ice skating rink from the above example is negligent in their requirement to provide a level of care, then they need to be punished by a court.