institutionalization of human rights

A recurring theme in the sociology of human rights is the vast decoupling that exists between the formal codification of these rights in principle and their implementation in practice, fueling much debate about the effectiveness of international law. Yet, despite this disjuncture, a deeper question remains: given all the barriers that have impeded the realization of human rights, why have they become so widely institutionalized?

Recent decades are marked by an impressive expansion of actors and legal structures intended to globally extend a certain ‘Western’ catalog of human rights. Recently, too, legal scholars have developed concepts to justify normatively the expansion of human rights (e.g. Habermas, Walker, Koskenniemi).

Torture was formally abolished by European governments in the 19th century, and the actual practice of torture decreased as well during that period. In the 20th century, however torture became much more common. None of the theories that explain the reduction of torture in the 19th century can explain its resurgence in the 20th. This article argues that the use of torture follows the same patterns in contemporary times as it has in earlier historical periods.

This article analyses the creation of new human rights by a contemporary transnational agrarian movement, Vía Campesina. It makes the case that the movement’s assertion of new rights contributes to shaping a cosmopolitan, multicultural, and anti-hegemonic conception of human rights. It discusses the advantages and constraints of the human rights framework and analyses the creation of new rights by the movement as a way to overcome the limitations of the ‘rights master frame’. It concludes with a discussion of some of the challenges involved in the institutionalization of new rights.

This paper examines how global interdependencies and the consolidation of a human rights discourse are transforming national sovereignty. Social researchers frequently address the supremacy of state sovereignty and the absoluteness of human rights as mutually exclusive categories. However, rather than presupposing that a universal rights discourse is necessarily leading to the demise of sovereignty, we suggest that an increasingly de-nationalized conception of legitimacy is contributing to a reconfiguration of sovereignty itself.

This article examines whether the content of the International Human Rights Covenants and the costs associated with their ratification influence the decision of countries to join. The author evaluates three theoretical perspectives-rationalism, world polity institutionalism, and the clash of civilizations-with data for more than 130 countries between 1966 and 1999. Rationalists contend that treaty ratification is tightly coupled with internal sovereignty arrangements, human rights practices, and ideological commitments, all of which become more important as treaty enforcement strengthens.

This article explores the dilemmas of the sociology of human rights – a growing field of academic research. Sociologists are increasingly conceptualizing poverty, global economic inequality, and social inequalities of race, class, gender, and sexual orientation not as social problems, but rather as human rights abuses. The shift of emphasis from the social problems perspective to the human rights perspective demands a different set of remedies from IGOs, national governments, and local authorities.

This paper examines sociologists' current interest in the topics of human rights and globalization. Some describe a world where everyone has rights (or at least a modicum of rights), because we are all human, and we all interact and communicate with one another in a global environment which will (it is argued), result in greater toleration and recognition of differences.

Recent years have seen a surge of interest in applying the sociology of Pierre Bourdieu in international studies as part of a more general sociological turn observable in both international and European studies. However, different from earlier attempts at deploying Bourdieusian sociology in the context of international law, economics, and politics, most of this new Bourdieu-inspired constructivist political science research only marginally addresses what in many ways was the cardinal point of Bourdieu's work: his attempt at devising a reflexive sociology.

This paper illustrates how varieties of cosmopolitanism are shaped through a mutually constitutive set of cultural dispositions and institutional practices that emerge at the interstices of global human right norms and local legal practices. Converging pressures of ‘cosmopolitan imperatives’ and the multiplicity of particularized manifestations are co‐evolving in the context of intercrossings during which distinctive cosmopolitanisms are established.