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Vulnerable groups: the promise of an emerging concept in European Human Rights Convention law

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Organization
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ECHR
Abstract
The concept of vulnerable groups is gaining momentum in the case law of the European Court of Human Rights. The Court has so far used it in cases concerning Roma, people with mental disabilities, people living with HIV, and asylum seekers. Yet the appearance of the vulnerable-group concept in the Court's legal reasoning has so far escaped scholarly attention. Drawing on theoretical debates on vulnerability as well as on the Court's case law, this article offers a critical assessment of the concept. Reasoning in terms of vulnerable groups opens a number of possibilities, most notably, the opportunity to move closer to a more robust idea of equality. However, the concept also has some inherent difficulties. This article argues for a reflective use of the concept and points out ways in which the Court can avoid its pitfalls.
Keywords
DISCRIMINATION, RETHINKING, COURT, EQUAL-PROTECTION

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Citation

Please use this url to cite or link to this publication:

Chicago
Peroni Manzoni, Maria de Lourdes, and Alexandra Timmer. 2013. “Vulnerable Groups: The Promise of an Emerging Concept in European Human Rights Convention Law.” Icon-international Journal of Constitutional Law 11 (4): 1056–1085.
APA
Peroni Manzoni, M. de L., & Timmer, A. (2013). Vulnerable groups: the promise of an emerging concept in European Human Rights Convention law. ICON-INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW, 11(4), 1056–1085.
Vancouver
1.
Peroni Manzoni M de L, Timmer A. Vulnerable groups: the promise of an emerging concept in European Human Rights Convention law. ICON-INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW. 2013;11(4):1056–85.
MLA
Peroni Manzoni, Maria de Lourdes, and Alexandra Timmer. “Vulnerable Groups: The Promise of an Emerging Concept in European Human Rights Convention Law.” ICON-INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW 11.4 (2013): 1056–1085. Print.
@article{4430710,
  abstract     = {The concept of vulnerable groups is gaining momentum in the case law of the European Court of Human Rights. The Court has so far used it in cases concerning Roma, people with mental disabilities, people living with HIV, and asylum seekers. Yet the appearance of the vulnerable-group concept in the Court's legal reasoning has so far escaped scholarly attention. Drawing on theoretical debates on vulnerability as well as on the Court's case law, this article offers a critical assessment of the concept. Reasoning in terms of vulnerable groups opens a number of possibilities, most notably, the opportunity to move closer to a more robust idea of equality. However, the concept also has some inherent difficulties. This article argues for a reflective use of the concept and points out ways in which the Court can avoid its pitfalls.},
  author       = {Peroni Manzoni, Maria de Lourdes and Timmer, Alexandra},
  issn         = {1474-2640},
  journal      = {ICON-INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW},
  keywords     = {DISCRIMINATION,RETHINKING,COURT,EQUAL-PROTECTION},
  language     = {eng},
  number       = {4},
  pages        = {1056--1085},
  title        = {Vulnerable groups: the promise of an emerging concept in European Human Rights Convention law},
  url          = {http://dx.doi.org/10.1093/icon/mot042},
  volume       = {11},
  year         = {2013},
}

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