The institutionalisation of human rights reconceived: the human rights state as a sociological ‘ideal type’

Abstract

In the contemporary political world order that continues to be structured by the principle of national sovereignty, the fate of human rights ultimately depends on states as the main guarantors and transgressors of rights. The analysis of the conditions and processes of their effective institutionalisation therefore requires a focus on the state level without losing sight of human rights' universalistic potential. This article develops the ideal type of the human rights state as a sociological framework for the systematic qualitative study and assessment of human rights institutionalisation. To this end, it reconceptualises Benjamin Gregg's normative political theory of the human rights state as an analytical yardstick that refers to the necessary conditions for the effective implementation of human rights as locally valid, state-based norms of universalistic scope. Based on the extrapolation of their core traits and the synthesis of these into a unified, coherent concept, the ideal type of the human rights state provides guidance for the empirical study of factual processes of human rights institutionalisation within states both as an analytical grid and benchmark for their critical evaluation. By integrating the divergent perspectives on legal, political and wider societal dimensions of human rights institutionalisation, this article contributes to the multidisciplinary field of human rights research as well as to the developing field of human rights sociology.

The Unrealized Potential of National Human Rights Institutions in Business and Human Rights Regulation: Conditions for Effective Engagement and Proposal for Reform

“…Factors that are largely outside of an NHRI's control, but which have significant impact on its performance concern the political, economic and societal environment in which an NHRI is established and in which it operates. These contextual factors comprise the potential for violence in a country, the regime type 7 , the existence or absence of a functioning judicial system and of a strong civil society (see Wolfsteller and Gregg 2017;Wolfsteller 2017), but also the structural conditions of the institution's operation, such as the NHRI's mandate and powers, funding, independence, and accountability arrangements (Mertus 2009;. Factors that are largely within the body's control include efficient management and leadership, staff expertise, a clear strategic plan and vision, as well as accessible and transparent communication with stakeholders (Harvey andSpencer 2012: 1685;Murray 2007: 207, 214-219).…”

A realistic utopia? Critical analyses of The Human Rights State in theory and deployment: Guest editors’ introduction

“…This special issue begins with two articles each of which, with very different objectives, address the conceptual and theoretical side of a human rights state. In 'The Institutionalisation of Human Rights Reconceived: The Human Rights State as a Sociological "Ideal Type"', 27 René Wolfsteller deploys the human rights state as a vehicle for constructing a framework for the empirical sociological study of human rights institutionalisation. Drawing on Gregg's original formulation of the human rights state as a hypothetical alternative to the nation state, 28 Wolfsteller reconceptualises Gregg's normative political theory as a Weberian ideal type.…”