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.
Vulnerability, Human Rights, Adjudication
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Pastore B. (2024) "Vulnerability, Human Rights, Adjudication
" Peace Human Rights Governance, 8(1), 9-26. DOI: 10.14658/PUPJ-PHRG-2024-aof-4
Year of Publication
2024
Journal
Peace Human Rights Governance
Volume
8
Issue Number
1
Start Page
9
Last Page
26
Date Published
03/2024
ISSN Number
2532-3474
Serial Article Number
1
DOI
10.14658/PUPJ-PHRG-2024-aof-4
Section
Articles