The Protection of Vulnerable Groups under International Human Rights Law

The Protection of Vulnerable Groups under International Human Rights Law
Author: Ingrid Nifosi-Sutton
Publisher: Taylor & Francis
Total Pages: 304
Release: 2017-07-06
Genre: Law
ISBN: 1317560728

The protection of vulnerable groups varies under international human rights law. Depending on the group at stake, protection may be more or less advanced. In some cases, the international community has deemed it necessary to adopt conventions providing for the rights of certain vulnerable groups and establishing mechanisms to verify State compliance. Other groups have not been the focus of States’ standard-setting endeavours, but their protection still falls within the scope of human rights treaties of general application and the mandate of their respective monitoring bodies. This book takes an innovative approach to the investigation of the international legal protection of vulnerable groups. Rather than examining the situation of a number of vulnerable groups and applicable international or regional conventions, this book reviews the overall scope of the protection of vulnerable groups under International Human Rights Law. This book conceptualizes the protection of vulnerable groups as an underlying and essential component of International Human Rights Law through a systematic and comprehensive analysis of international human rights law instruments and relevant practice of international and regional human rights monitoring bodies. The book illuminates how human rights monitoring bodies foster protection of vulnerable groups and their members at the domestic level, and underscores and assesses vulnerability paradigms these bodies have elaborated. The book also puts forward a legal definition of vulnerable groups. This book will be of great interest to students and scholars of international human rights law.

Protecting Vulnerable Groups

Protecting Vulnerable Groups
Author: Francesca Ippolito
Publisher: Bloomsbury Publishing
Total Pages: 496
Release: 2015-04-30
Genre: Law
ISBN: 178225613X

The concept of vulnerability has not been unequivocally interpreted either in regional or in universal international legal instruments. This book analyses the work of the EU and the Council of Europe in ascertaining a clear framework or a set of criteria suitable to determine those who should be considered vulnerable and disadvantaged. It also explores the measures required to protect their human rights. Key questions can be answered by analysing the different methods used to determine the levels of protection offered by the two European systems. These questions include whether the Convention and the case law of the Strasbourg Court, the monitoring mechanisms of the Council of Europe, EU law and the case law of the European Court of Justice enhance the protection of vulnerable groups and expand the protection of their rights, or, alternatively, whether they are mainly used to fill in relatively minor gaps or occasional lapses in national rights guarantees. The analysis also shows the extent to which these two European systems provide analogous, or indeed divergent, standards and how any such divergence might be problematic in light of the EU accession to the European Convention on Human Rights.

Legal Protection of Vulnerable Groups in Lithuania, Latvia, Estonia and Poland

Legal Protection of Vulnerable Groups in Lithuania, Latvia, Estonia and Poland
Author: Agnė Limantė
Publisher: Springer Nature
Total Pages: 416
Release: 2022-08-27
Genre: Law
ISBN: 3031069986

This book analyses the current legal situation and protection of vulnerable groups in Lithuania, Latvia, Estonia and Poland. In recent decades, national legislation in many European states has especially focused on vulnerable groups with the aim of securing their enhanced protection and social inclusion. This trend is also noticeable in North-Eastern Europe, where the legal frameworks are constantly being revised to address the needs of vulnerable parts of society, including women, children, the elderly, people with disabilities, and minorities, as well as prisoners and victims of crime. But despite these positive changes, many challenges persist. In this book, the authors provide a comprehensive, comparative analysis of legal regulations and practices intended to protect vulnerable groups in Lithuania, Latvia, Estonia and Poland, and in the process, share insights into the current situation and trends in this often-overlooked region. Part I introduces readers to the topic by defining the concept of vulnerable groups and elaborating on its understanding in the European and national contexts. Part II analyses the legal protection of groups characterised by inherent and/or circumstantial vulnerability, while Part III addresses specific crime-related vulnerability issues in the target region. In closing, Part IV puts the spotlight on three specific vulnerable groups in the discussed countries.

Protecting the Vulnerable

Protecting the Vulnerable
Author: Margaret Brazier
Publisher: Routledge
Total Pages: 214
Release: 2005-06-20
Genre: Philosophy
ISBN: 1134946716

The right of adults with sound mind to consent to treatment or risk their own health for the benefit of the community in a clinical trial is unequivocally recognised by the law. But what about those vulnerable by virtue of their age, nature or position in society? Experts from the fields of medicine, philosophy, theology and law, explore the ethical and legal principles which seek to reconcile the individual's right to autonomy with the need to protect vulnerable groups. Discussions refer both to specific groups (premature babies, children, people with mental handicaps) and specific issues (cases of abuse by sterilization of women, suicide, the right to information).

Adolescent Risk and Vulnerability

Adolescent Risk and Vulnerability
Author: National Research Council
Publisher: National Academies Press
Total Pages: 164
Release: 2001-10-08
Genre: Social Science
ISBN: 0309170362

Adolescents obviously do not always act in ways that serve their own best interests, even as defined by them. Sometimes their perception of their own risks, even of survival to adulthood, is larger than the reality; in other cases, they underestimate the risks of particular actions or behaviors. It is possible, indeed likely, that some adolescents engage in risky behaviors because of a perception of invulnerabilityâ€"the current conventional wisdom of adults' views of adolescent behavior. Others, however, take risks because they feel vulnerable to a point approaching hopelessness. In either case, these perceptions can prompt adolescents to make poor decisions that can put them at risk and leave them vulnerable to physical or psychological harm that may have a negative impact on their long-term health and viability. A small planning group was formed to develop a workshop on reconceptualizing adolescent risk and vulnerability. With funding from Carnegie Corporation of New York, the Workshop on Adolescent Risk and Vulnerability: Setting Priorities took place on March 13, 2001, in Washington, DC. The workshop's goal was to put into perspective the total burden of vulnerability that adolescents face, taking advantage of the growing societal concern for adolescents, the need to set priorities for meeting adolescents' needs, and the opportunity to apply decision-making perspectives to this critical area. This report summarizes the workshop.

The Politics of Vulnerable Groups

The Politics of Vulnerable Groups
Author: Fabio Macioce
Publisher: Springer Nature
Total Pages: 201
Release: 2022-07-02
Genre: Political Science
ISBN: 3031075471

This book describes and analyzes the conceptual ambiguity of vulnerability, in an effort to understand its particular applications for legal and political protection when relating to groups. Group vulnerability has become a common concept within legal and political scholarship but remains largely undertheorized as a phenomenon itself. At the same time, in academia and within legal circles, vulnerability is primarily understood as a phenomenon affecting individuals, and the attempts to identify vulnerable groups are discredited as essentialist and stereotypical. In contrast, this book demonstrates that a conception of group vulnerability is not only theoretically possible, but also politically and legally necessary. Two conceptions of group vulnerability are discussed: one focuses on systemic violence or oppression directed toward several individuals, while another requires a common positioning of individuals within a given context that conditions their agency, ability to cope with risks and uncertainties, and manage their consequences. By comparing these two definitions of group vulnerability and their implications, Macioce seeks a more precise delineation of the theoretical boundaries of the concept of group vulnerability.

Vulnerability and Data Protection Law

Vulnerability and Data Protection Law
Author: Gianclaudio Malgieri
Publisher: Oxford University Press
Total Pages: 305
Release: 2023
Genre: Computers
ISBN: 0192870335

Vulnerability and Data Protection Law offers a rich analysis of the meaning of 'data subjects' and 'vulnerability' within the context of the General Data Protection Regulation. It seeks to reconceptualise data subjects' vulnerability in the digital age and to promote a 'vulnerability-aware' interpretation of the GDPR.

Safeguarding Vulnerable Adults and the Law

Safeguarding Vulnerable Adults and the Law
Author: Michael Mandelstam
Publisher: Jessica Kingsley Publishers
Total Pages: 322
Release: 2008-11-15
Genre: Law
ISBN: 1846428807

The protection of vulnerable adults is a fast emerging area of work for local authorities, the NHS and other agencies. Safeguarding Vulnerable Adults and the Law, sets this within a comprehensive legal framework. The relevant law and guidance is extensive. It includes Department of Health guidance (No Secrets), human rights, the regulation of health and social care providers, the barring of carers from working with vulnerable adults, care standards tribunal cases, mental capacity, undue influence, assault, battery, wilful neglect, ill treatment, manslaughter, murder, theft, fraud, sexual offences, data protection and the sharing of information. The book focuses on how these areas of law apply to vulnerable adults, and brings together an extensive body of case law to illustrate this. Also covered is how local authorities and the NHS may themselves be implicated in the harm - through abuse, neglect or omission - suffered by vulnerable adults. For example, in terms of the gross lapses in standards of care, infection control, nutrition and basic dignity sometimes to be found in hospitals. All those working in community care, adult social work, health care and housing will find this book invaluable. Local authorities, the NHS, voluntary organisations and students will find this to be essential reading.

Vulnerable Groups in Health and Social Care

Vulnerable Groups in Health and Social Care
Author: Mary Larkin
Publisher: SAGE Publications
Total Pages: 209
Release: 2009-06-04
Genre: Social Science
ISBN: 141294824X

Carefully researched and highly readable, this textbook looks at the experiences and health and social needs of key ‘vulnerable groups’. It presents an engaging social science perspective relevant to everyone exploring how we, and society, care for the vulnerable. Each chapter defines and explores a vulnerable social group, bringing together theoretical, policy, and practice perspectives. The lively and engaging style enables the reader to engage with the client group and to reflect upon their own learning and practice in a more meaningful way.