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This paper has two main objectives. One is to consider the central place of human rights in today's global order and the other is to articulate a theoretical framework that will make sociological sense out of current human rights discourse and practice. Human rights emerged from, but need to be distinguished from, societal rights, and they are to be viewed as social claims upon social power arrangements. In advancing our perspective, special attention is given to the place of organizations in human rights theorizing; at the same time, we delineate some of the highly contested aspects of the endeavor to institutionalize a set of human rights principles.

This paper addresses the recognition in cosmopolitan debate of a possible disjuncture between the normative ideal of cosmopolitanism and its realization in practice. Taking as its focus the potential conflict between human rights commitments and national concern about immigration control, it reflects on a series of legal challenges to UK government attempts to withdraw support from asylum seekers who do not claim on entry into the country. Set in the context of socio-legal theory, these cases are analysed for signs of a ‘national’ or ‘cosmopolitan’ paradigm in judicial interpretation, and considered as a possible instance of reflexive judgment, espoused as a feature of cosmopolitanism.

The emergent European social project draws on a re-alignment between these strands: work, social investment, and active participation. In this article, I consider the implications of this project for immigrant populations in Europe in particular and for the conceptions of citizenship and human rights in general. In contrast to the recent commentary on the neoliberal turn and the return of nation-state centered citizenship projects in Europe, I emphasize the broader trends in the post-World War II period that indicate a significant shift in the very foundations of good citizenship and social justice. The new social project transpires a citizenship model that privileges individuality and its transformative capacity as a collective good. Thus, while expanding the boundaries and forms of participation in society, this project at the same time burdens the individual, rather than the state, with the obligation of ensuring social cohesion and solidarity, disadvantaging not only non-European migrants but also the ‘lesser’ Europeans. The new social project brings into focus the relationship between universalistic individual rights and their effective exercise. I conclude that rather than treating human rights and citizenship as a dichotomy we should pay attention to their entangled practice in order to understand the contingent accomplishments and possible expansions of citizenship in Europe.

National human rights institutions, defined as domestic but globally legitimated agencies charged with promoting and protecting human rights, have emerged worldwide. This article examines the effect of these organizations on two kinds of human rights outcomes: physical integrity rights and civil and political rights. We analyze cross-national longitudinal data using regression models that account for the endogeneity of organizational formation. Our first main finding is that all types of human rights institutions improve long-term physical integrity outcomes but not civil and political rights practices. This finding may reflect a greater worldwide focus on physical integrity violations such as torture, and also many countries’ propensity to resist Western civil and political rights standards. A second main finding is that time matters: in the cases we observe, initial increases in rated abuse levels were followed by improvements. These initial increases may be due to closer scrutiny or the expanded scope of what constitutes human rights abuses. Our results call for rethinking the concept of decoupling in the sociology of human rights and other focal areas.

Human rights entered the language and practice of humanitarian aid in the mid-1990s, and since then they have worked in parallel, complemented or competed with traditional frameworks ordering humanitarianism, including humanitarian principles, refugee law, and inter-agency standards. This article positions the study of rights within a sociology of praxis. It starts from a premise that interpretation and realisation of international norms depends on actors’ social negotiation. We seek to contribute to the sociology of rights with insights from legal pluralism and to analyse human rights as a semi-autonomous field in a multiplicity of normative frameworks. Based on cumulative research into humanitarian aid in disaster response, refugee care and protracted crises, the article explores how humanitarian agencies evoke different normative frameworks to legitimate their presence and programmes. How aid is shaped through the ‘rights speak’ of aid workers and recipients alike is illuminated by cases of programmes promoting women’s rights against sexual abuse from Kenya and the Democratic Republic of Congo (DRC).

World culture in the post-war era of rapid globalization is increasingly organized, rationalized, and ubiquitous. The core of world culture - rationalized science, technology, organization, professionalization, etc. - has been thoroughly institutionalized. For all kinds of actors, global principles and procedures for the production of identity, action, and progress have expanded. Ontologically, individualism has been rising rapidly while collective identities have also strengthened in some respects. Normatively, the global moral order has become increasingly organized and broadly activated, particularly in terms of the ideology of human rights. In a dualistic process, world culture generates both extensive homogenization and the legitimation of certain forms of difference. Though some countervailing forces are evident, world culture is likely to continue to become further codified, institutionalized, and consequential in coming decades.

How does culture make a difference to the realisation of human rights in Western states? It is only through cultural politics that human rights may become more than abstract moral ideals, protecting human beings from state violence and advancing protection from starvation and the social destruction of poverty. Using an innovative methodology, this book maps the emergent 'intermestic' human rights field within the US and UK in order to investigate detailed case studies of the cultural politics of human rights. Kate Nash researches how the authority to define human rights is being created within states as a result of international human rights commitments. Through comparative case studies, she explores how cultural politics is affecting state transformation today.

One of the major issues attracting the attention of scholars studying global norm regimes, especially the human rights regime, is their impact on domestic settings. Borrowing from organizational studies, some of these scholars have used the term decoupling to conceptualize the widespread phenomenon of states that sign conventions but do not implement these conventions’ norms. In this article, we introduce the concept of differentiated decoupling, arguing that the implementation of human rights norms needs to be rethought and reoperationalized. We present a case study—the right to vote in the United States—to illustrate our argument that it is vital to disaggregate the decoupling processes and examine the different social groups within the state rather than limit scrutiny to the state level. We further contend that in order to explain differentiated decoupling, perspectives developed and used by sociologists who study inequality need to be adopted. In this way, scholars can capture the unequal distribution of human rights in domestic settings and begin to untangle the forces leading to differentiated decoupling. An analysis of differentiated decoupling helps reveal that “more human rights” sometimes means more human rights to one group and less to another, suggesting that implementation of human rights norms may even deepen stratification.

The history of the genesis and institutionalization of the European Convention on Human Rights offers a striking account of the innovation of a new legal subject and practice—European human rights—that went along with, but also beyond, the political and legal genesis of Europe following World War II. The rise of the European human rights institutions shows not only how law and lawyers played key roles in the early politics of European integration but also how the subtle combination of law and politics—as both national and international strategies—continued to play a decisive part in the institutionalization of European human rights. The article generally argues that the interplay between law and diplomacy had a fundamental impact on the innovation of European law and that lawyers capable of playing an intermediary role between the two were particularly central to this development.

This research seeks to understand the factors that lead nation‐states to ratify international human rights treaties in the contemporary world, despite their potential cost for state sovereignty. We argue that normative pressure from international society, along with historical contingencies during the Cold War, encouraged many states to ratify these treaties. We present an event‐history analysis of ratification of seven key international human rights treaties in 164 countries in the period between 1965 and 2001. The results lend support to the world society argument as well as to our historical argument and also specify that normative pressure and imitation have been important factors shaping states’ decisions to ratify international human rights treaties.