The concept of vulnerability in the United Nations human rights treaty bodies protection system
Gliszczyńska-Grabias A, Baranowska G (2021)
Publication Type: Authored book
Publication year: 2021
Publisher: Peter Lang AG
ISBN: 9783631850978
Abstract
The universal concept of human rights protection assumes that individual rights and freedoms must be protected from unlawful interference by the state and other-private-entities. However, when it comes to groups that are distinguished by features for which they are particularly discriminated against, this standard protection very often proves to be insufficient. Thus, the human rights protection systems has to come up with and advocate a formula under which these groups, particularly susceptible to violations of their rights and freedoms, would be more strongly protected in and by the relevant instruments of international law. The identification of these sensitive groups, the evolution of protection granted to them and the reflection of the protection trends in the jurisprudence of international human rights control institutions and organizations, such as the United Nations (UN) treaty bodies-all remain topical issues to this day. Also vital in this context is how the various UN treaty bodies approach the concept of vulnerability. Even though some treaty bodies are called upon to deal with specific vulnerable groups (children, people with disabilities or refugees, to name but some), little attention has so far been paid to just how these bodies relate to and shape the concept of vulnerability itself. This chapter offers some general remarks and observations on all these issues, starting with a brief introduction to the UN system of human rights protection and to the concept of vulnerability, indicating groups historically recognized by this system as sensitive, and sketching the evolution of the relevant protection mechanisms. This is followed by an analysis of treaty provisions under which certain groups are named and recognized as vulnerable, offering also a general overview of the invocation of the concept of vulnerability in the decisions of selected UN treaty bodies. Next comes a review of who so far has been considered vulnerable by the treaty bodies, and the chapter concludes with an attempt to define the attitude of selected UN treaty bodies towards the notion of vulnerability.
Involved external institutions
Poland (PL)How to cite
APA:
Gliszczyńska-Grabias, A., & Baranowska, G. (2021). The concept of vulnerability in the United Nations human rights treaty bodies protection system. Peter Lang AG.
MLA:
Gliszczyńska-Grabias, Aleksandra, and Grazyna Baranowska. The concept of vulnerability in the United Nations human rights treaty bodies protection system. Peter Lang AG, 2021.
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