There are different reasons that make a nation state failed. Human Rights is only a part of it. The main criterian that makes a nation state fail is to make a judgement on the ground whether the state is able to provide political goods to the people and whether there is competing state within the state. Since we don't see Nepalese Government providing a political good outside the Katmandu Valley and since the Nepal except Katmandu is in control of Maoist, Nepal is a failed state.