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Il soggetto vulnerabile. Status e prospettive di una categoria (giuridicamente) controversa

By Bernardini Maria Giulia


The Vulnerable Subject. Status and Prospects of a (Legally) Controversial Category. Vulnerability is a\ud key concept in contemporary legal and political debate. Despite the increasing confidence\ud in its transformative potential, however, its legal use is still apt to produce “labelling effect”\ud on those who belong to some groups singled out for special legal protection in view of their\ud perceived “weakness”. Indeed, once individuals are deemed vulnerable, they can no longer\ud be paradigmatically recognized as subjects of law in the standard sense (as autonomous and\ud rational agents). After addressing the current legal use of the concept of vulnerability, I will\ud analyse the potential legal implementation of the “vulnerability paradigm” and of the “vulnerable\ud subject”, as well as some criticisms of such implementation, with a focus on the\ud Convention on the Rights of Persons with Disabilities (UNCRPD)

Topics: Vulnerability, UNCRPD, Legal Capacity, Equality, Subject of Law
Year: 2017
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