Virtual Library

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.

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. Torture is most commonly used against people who are not full members of a society, such as slaves, foreigners, prisoners of war, and members of racial, ethnic, and religious outsider groups. Torture is used less often against citizens, and is only used in cases of extremely serious crimes, such as treason. Two general 20th-century historical trends have caused torture to become more common. First, an increase in the number and severity of wars has caused an increase of torture against enemy guerrillas and partisans, prisoners of war, and conquered civilian populations. Second, changes in the nature of sovereignty have caused an expansion in the definition of acts constituting treason.

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). This article reviews recent legal literature on global constitutionalization of human rights to reveal its blind spots, at two levels: i) the reaffirmation of European precedency for establishing the sources of human rights and ii) a lack of sociological tools for describing interpenetrations between law, power and social inequalities. In order to empirically illustrate these objections, the article analyses the recent global expansion of human rights of minorities, using two examples: cases treated by the Inter-American Court of Human Rights and the Brazilian legalization of ancestral territories of afro-descendants. Finally, the article argues for a decentered perspective that (at the local level) connects human rights with concrete claims for justice.

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? Revisiting previous work in this journal, I argue that one important component of the expansion of human rights is the rise of the universal, egalitarian individual as the primary entity of social organization in world society. Additionally, I explore how the nature of human rights law itself promotes widespread decoupling that, in turn, fuels ongoing efforts to close the gap between principle and practice. Indeed, while human rights law envisions an ideal world that is practically unrealizable, it inspires a never-ending, global crusade to bring about that vision.

In the latter half of the 20th century, countries abolished the death penalty en masse. What factors help to explain this global trend? Conventional analyses explain abolition by focusing primarily on state level political processes. This article contributes to these studies by analyzing world cultural factors that lend to the abolition trend. The main finding in three separate models on full, ordinary, and de facto cumulative measures of abolition show that the global sacralization of the individual, measured as the institutionalization of the human rights regime, represents a significant driver of states’ abolition. Countries’ predominant religion is also found to significantly affect the probability of abolition: predominantly Catholic nation-states are most likely to abolish the death penalty, and predominantly Muslim nation-states are least likely to abolish. These findings provide evidence for world cultural factors that structure the abolition trend globally.

Since when, how, and why have sociologists discussed human rights in their work? In which forms of theoretical and empirical inquiry have such investigations been conducted, and what are some of their consequences for the praxis of sociology as well as for our understanding of human rights? We focus on the manner in which sociologists have conceptualized human rights and approached the topic from a number of analytical perspectives. In general, human rights have only recently begun to move sociologists in any noteworthy degree. This paper traces the difficult birth of a sociology of human rights relative to the place of the notion of rights in the sociology of law. This paper also ponders on the enthusiastic turn towards human rights in more recent times and criticizes some the reasons for this generous embrace of human rights. This critique is intended to enable rather than impede a truly sociological sociology of (human) rights.

The UNESCO Associated Schools Project emphasizes world community, human rights, and international understanding. This article investigates the emergence and global diffusion of the project from 1953 to 2001, estimating the influence of national, regional, and world characteristics on the likelihood of a country adopting a UNESCO school. It also addresses the effects of national linkages to the international human rights regime. The results reveal that adoption rates are positively influenced by stronger national links to the human rights regime throughout the period and that various measures of the density of global society influence adoption, particularly after the institutionalization of human rights. Finally, the results demonstrate that democratic countries and nations with more expanded educational systems tend to adopt a UNESCO school before the period of human rights institutionalization. The implications of these findings are discussed in relation to the literature on the global environment and the diffusion of innovations in education.

Citizenship rights came into being because relatively organized members of the general population bargained with state authorities for several centuries, bargained first over the means of war, then over enforceable claims that would serve their interests outside of war. During the French Revolution, from the Declaration of the Rights of Man onward, bargaining that established citizenship rights took place right out in the open. In caricature, the argument says that rights of citizenship formed as bargains struck in the course of both sorts of struggle, first chiefly in defense against invasive state demands for the means of war, later in pursuit of much wider range of collective action and state intervention. Citizenship rights belong in principle to everyone who qualifies as full-fledged member of given state; membership in category suffices to qualify a person for enforceable claims. Citizens of European states now enjoy ipso facto rights to education, housing, health care, income, and a wide variety of political participation.

A recent movement has extended previous emphases on the rights of national citizens by asserting the global human rights of all persons. This article describes the extent to which this change is reflected in the language of national constitutions around the world. Human rights language – formerly absent from almost all constitutions – now appears in most of them. Rather than characterizing developed or democratic states, human rights language is, first, especially common in countries most susceptible to global influences. Second, human rights language is driven by the extent of the international human rights regime at the time of a constitution’s writing. Third, human rights language tends to appear in newer constitutions and in the constitutions of emergent and reorganized states. National constitutions are imprinted with global social conditions, which now stress the discourse of human rights.

Considerable sociological work shows that the human rights regime is rapidly expanding through isomorphic processes. We provide new insight into human rights diffusion through an analysis of the Universal Periodic Review (UPR), a global forum in which all states receive human rights recommendations from their peers. We convert the roughly 50,000 recommendations from the first two cycles of the UPR into a relational dataset of states making and receiving recommendations, inductively modeling this process of human rights diffusion through latent class regression. Building on research in the new institutionalism, we find that asymmetric relationships between states make it less likely for human rights recommendations to be accepted, with accepted recommendations tending to be more general and easier to implement. We argue that these partnership patterns provide evidence for normative corridors that give world society its shape. By drawing together world society approaches with relational sociology, we develop new insights into the structuration of human rights and normative change more broadly.