Abstract
Defining the concepts of ‘vulnerability’ and ‘vulnerable groups’ is challenging, since vulnerability is a multi-dimensional concept used with both universal and particular meanings in a variety of disciplines, and can moreover be examined from different perspectives. In this chapter, we seek to define the concepts of ‘vulnerability’ and ‘vulnerable groups’ from sociological and legal perspectives in order to build a theoretical background for the subject analysed in this book. The approach taken in this chapter is based on the idea that to be human is to be vulnerable; nevertheless, although all humans are vulnerable, some groups are more vulnerable than others.
The chapter begins with the sociological approach to vulnerability. It could be argued that contemporary societies consist of fragmented and often antagonistic communities with only a small number having access to adequate social welfare and services. The remaining individuals have little hope of realising their human potential. They are often called vulnerable or marginalised groups or groups at risk of social exclusion. In different spheres of life, vulnerable groups experience deep exclusion that negatively affects their quality of life, well-being and future life opportunities. Moreover, there exists a dominant discursive tradition that imposes a burden of guilt, shame and even greater vulnerability on socially afflicted and vulnerable groups. Rather than accepting this discursive tradition, sociologists have turned their attention to researching social exclusion, social suffering, and daily hardship, thereby turning vulnerable people’s experiences of injustice, harm and damage into crucial sociological issues.
After a brief sociological analysis of vulnerable groups, the chapter continues by presenting the international legal framework. The authors identify and discuss the main universal and regional human rights instruments that provide for the protection of vulnerable groups and their individual members and note the relevant practice of the UN treaty monitoring bodies and UN Committees. In this way, the chapter sketches the framework of international legal regulation linking the international, regional and national levels.
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Notes
- 1.
For a more extensive analysis of the historical background of the Declaration and links of its articles to historical events, see Nifosi-Sutton (2017), p. 21.
- 2.
See, as an example, Recommendation CM/Rec(2011)5 of the Committee of Ministers to member states on reducing the risk of vulnerability of elderly migrants and improving their welfare; PACE Resolution 2048 (2015) Discrimination against transgender people in Europe; 2011 Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), adopted on 11 May 2011.
- 3.
A search was made in Eur-Lex with key words ‘vulnerable groups such as’. Documents of 2020 and 2021 which appeared as a result of the search mentioned Roma, children, migrant minors, persons with disabilities and other groups already noted above.
- 4.
Domestic violence is classified as gender-based violence and the majority of victims are women.
- 5.
This list of criteria is based on the criteria suggested by Morawa (2003) and is further supplemented.
- 6.
For example, the UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) (2010) in its preamble states that “women prisoners belong to one of the vulnerable groups that have specific needs and requirements”.
- 7.
Among soft-law instruments, we should mention CEDAW Committee General Recommendation No. 19 on violence against women (1992) and CEDAW Committee General Recommendation No. 35 on gender-based violence against women (2017).
- 8.
Due to its gender definition, the Istanbul Convention is struggling to gain acceptance in Lithuania, Poland and Latvia. In Latvia, a constitutional case before the Latvian Constitutional Court has been initiated in this regard in August 2020. Among the countries on which this research focuses, only Estonia has ratified the Convention.
- 9.
For a more extensive discussion on the positive obligation of states with respect to children see Ippolito (2015), pp. 23–47.
- 10.
Several other disability-specific non-binding international instruments have been adopted at the international level. To mention just a few examples: UN Declaration of the Rights of Mentally-Retarded Persons (1971), UN Declaration on the Rights of Disabled Persons (1975), UN Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care (1991), etc.
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Limantė, A., Теrеškinas, A. (2022). Definition of Vulnerable Groups. In: Limantė, A., Pūraitė-Andrikienė, D. (eds) Legal Protection of Vulnerable Groups in Lithuania, Latvia, Estonia and Poland. European Union and its Neighbours in a Globalized World, vol 8. Springer, Cham. https://doi.org/10.1007/978-3-031-06998-7_1
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