Vulnerability, Human Rights, Adjudication

This paper highlights how the use of the argument of vulnerability is bringing an interesting approach to the human rights practice insofar as it enables a context-sensitive assessment of violations of these rights. The concept of vulnerability is a heuristic device that may contribute to identifying the violations of rights and explaining the peculiarities of cases. Vulnerability is a human condition and hence gives rise to fundamental needs. It is associated to its negative aspect of susceptibility to harm. In order to prevent the occurrence of harm and socially generated suffering, moral and legal obligations arise of protecting individuals from such threats by attending to their dignity. The notion assumes a substantially hermeneutical-interpretive value. Vulnerability suggests a promising intertwining with the framework underpinning human rights. It can be used as a criterion for human rights adjudication.