The concept of vulnerability in the context of human rights

Vulnerability has become a buzzword in public, academic and political debates. It has been used in a diversity of thematic fields such as development cooperation, climate change, humanitarian aid, asylum and migration, equality and non-discrimination or in the context of the health system. The concept of vulnerability has not only been utilised in policy fields and legal instruments closely related with human rights issues, it has also been deployed in an explicit human rights context such as human rights policy documents, reports and jurisprudence. The usage of the concept is, thus, implicitly assumed to enhance the protection of human rights, especially with regard to the principles of equality and non-discrimination. This assumption, however, has also attracted criticism and the concept has been questioned as it might have problematic effects when put into practice. Although there has been some academic discussion on the substance, implications and application of the concept from a human rights perspective, a comprehensive and comparative exploration of the concept as well as the analysis of the relationship, complementarities, overlaps, ambiguities, delimitations or even inconsistencies of vulnerability with the concepts of (in)equality and (non- )discrimination based on empirical research is still missing. The proposed research project aims at contributing to fill this gap by a) undertaking a thorough review and assessment of the academic debate on this concept and systematically analysing different dimensions of the concept of vulnerability based on theoretical analysis as well as empirical research and, thus, contributing to the clarification of the concept(s) of vulnerability and the objectives of itsheir application(s). b) analysing the concept of vulnerability in relation to and delineating it from other competing concepts or concepts with similar objectives in order to grasp the different meanings, implications, and benefits or challenges of the different concepts. In addition, the project aims at analysing the potentials, challenges, and problems of the concept of vulnerability from a human rights perspective. c) carrying out empirical research on the application of the concept on the basis of case studies in three policy fields: asylum law and policies, environment/climate change-related mobility, and equality and anti-discrimination. The areas chosen are fields where the concept is used increasingly and/or extensively and where the researchers involved have long-standing and profound academic expertise.

The research project aimed at analysing the concept of vulnerability in the human rights context, in particular it aimed at exploring the relationship of the vulnerability concept with the concepts of (in)equality and (non-)discrimination based on empirical research. By using a frame-analytical approach, the research a) undertook a thorough review and assessment of the academic debate on the concept of vulnerability in relation to the concepts of inequality and discrimination. b) analysed the potentials, challenges, and problems of the concept of vulnerability from a human rights perspective. c) carried out empirical research on the application of the concept on the basis of case studies in three policy fields: vulnerability in UN human rights documents on climate change and climate change-related mobilities; vulnerability in anti-discrimination case law of two European Courts, the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU); and vulnerability in case law relating to international protection at Austrian level. The overall findings of the case studies can be summarized as follows: Firstly, compared to the concepts of equality and non-discrimination, the concept of vulnerability is neither included in human rights instruments nor is there a precise and unambiguous legal understanding and definition of the concept. Secondly, the case studies indicate that the objectives, motivations and added value for introducing and using the concept of vulnerability are not clear. The concept does not lead to new legal requirements. Instead, certain problems including forms of structural and intersectional inequalities and discrimination are now framed as vulnerabilities of certain persons or groups. This transfers the definition of the problem from the structural level to the individuals, respectively to the groups identified as vulnerable. Thirdly, vulnerability approaches do not lead to post-identity inquiries. Instead, the concept is frequently attached to certain groups. There is a lack of objective and comprehensible criteria which serve as a basis for deciding who is classified as vulnerable. The analysis shows that often a focus is laid on phenotypical characteristics when labelling persons as vulnerable or as members of a certain vulnerable group. Fourthly, the application of the concept of vulnerability mobilizes problematic and stereotypical (e.g. sexist, ableist, racialized, ageist, classist) narratives. The concept contributes to a stereotypical representation of individuals and groups, which is problematic for achieving substantive equality and abolishing structural discrimination. Fifthly, individuals and groups labelled as vulnerable are often presented as those with special needs requiring particular protection or priority attention. Sixthly, vulnerability is often understood as being negatively connected to the right of equality and non-discrimination or is even understood as hampering the achievement of equality and the abolishment of discrimination.