A vulnerable person can be defined as someone who belongs to a group within society that is either oppressed or more susceptible to harm. Eagly describes vulnerable persons as persons belonging to populations such as children, senior citizens, low income workers, and asylum seekers. These person are in a particularly dangerous positions and as a result are a lot less capable of protecting or defending themselves. Eagly also identifies a vulnerable person as someone who is unlawfully present in a territory and as a result are vulnerable to authorities that govern that jurisdiction. They are vulnerable as they are susceptible to those who hold power in society.
Eagly, I.V. (2010). Prosecuting immigration. Northwestern University Law Review, 104(4), p. 1281.
Jolivet et al. define vulnerable persons as persons who are more susceptible to harm as a result of their current status in society. Vulnerable persons are those in society who receive ill treatment and are not granted the full treatment and protection that citizenship guarantees. It is argued that these persons are in positions that may make individuals susceptible to abuse or more specifically susceptible to mistreatment by those who may potentially hold power over them. (Jolivet, A., Cadot, E., Florence, S., Lesieur, S., Lebas, J., & Chauvin, P. (2012). Migrant health in french guiana: Are undocumented immigrants more vulnerable? BMC Public Health, 12(1), p. 53.) Iltis et al. identifies vulnerable persons as those in need of protection and those who may not be fully capable of decision making. Iltis et al. furthermore distinguishes social vulnerability as those who hold membership to undervalued groups within society.
Iltis, A. S., Wall, A., Lesandrini, J., Rangel, E. K., & Chibnall, J. T. (2009). Federal interpretation and enforcement of protections for vulnerable participants in human research. Journal of Empirical Research on Human Research Ethics : JERHRE, 4(1), pp. 37-41.
The example set out by Eagly has to do with undocumented migrants as being vulnerable persons. The author proposes that these individuals are vulnerable to law enforcement officials as they do not receive the same protection as documented migrants receive and more susceptible to abuse of power. Another example of a vulnerable person is outlined by FitzGerald who identifies victims of human trafficking as vulnerable persons in need of protecting.
FitzGerald, S. A. (2012). Vulnerable bodies, vulnerable borders: Extraterritoriality and human trafficking. Feminist Legal Studies, 20(3), pp. 227-244.
Another example outlined by Eagly is with respect to immigrants being vulnerable citizens as a result of the language and culture barrier that exists. This also extends to non-citizen defendant who must come into contact with courts that use a variety of different cultural practices unfamiliar to the defendant. Another cultural barrier that exists and is identified by Eagly is the language barrier that exists especially when immigrants come into contact with authorities and their knowledge of the native language is poor.
A third example of a vulnerable persons has to do with the examples set out by Jolivet et al. which provides the example of the migrant population in French Guinea as vulnerable persons because migrant health problems have been ignored by the government and public health policies, and as such the migrant group are more susceptible to health problems and more likely to receive poor healthcare or none at all. They are also much more likely to receive poor healthcare.
A final example that will be set out by Mannan et al. involves the inclusion of vulnerable groups such as persons with disabilities in the United Nations Convention on Persons with Disabilities. This is a clear example of the inclusion of vulnerable persons and the recognition of the different level of care and protection needed for vulnerable persons. It argues for equal access for persons with disabilities and provides them with a voice. This displays that vulnerable persons are not exclusively victims.
Mannan, H., MacLachlan, M., & McVeigh, J. (2012). Core concepts of human rights and inclusion of vulnerable groups in the united nations convention on the rights of persons with disabilities. ALTER – European Journal of Disability Research / Revue Européenne De Recherche Sur Le Handicap, 6(3), pp. 159-177.
http://www.merriam-webster.com/dictionary/vulnerable
Testimonial Support Provisions for Children and Vulnerable Adults (Bill C-2): Case Law Review and Perceptions of the Judiciary. Department of Justice http://www.justice.gc.ca/eng/ rpprfl- lf/famil/rr10_vic3/p0.html
Mackinlay, J. (2002). Vulnerable. The World Today, 58(3), pp. 15-16.
Vanderschraaf, P. (2011). Justice as mutual advantage and the vulnerable. Politics, Philosophy & Economics, 10(2), pp.119-147
Case law
This term does not lend itself to specific case law. Although vulnerable persons have resources available to them in courts, there is no specific case law that applies to outlining what is meant by a vulnerable person as the term is broadly applied across a wide variety of topics. Bill C-2 in Canada is an example of a legislation which directly applies to vulnerable persons such as children and adults with disabilities. This is a piece of legislation that was passed to protect vulnerable persons. This right to participate was further held in the article by McEwan where it was argued that vulnerable persons such as those with mental disabilities should be allowed to participate in their own trials providing them with agency. (McEwan, J. (2013). Vulnerable defendants and the fairness of trials. (United Kingdom). Criminal Law Review, (2), p. 100.)
Other related terms
Asylum Seekers, Alienage, Alien, Marginalization,Victim.
Bill C-2: An Act To Amend The Criminal Code (Protection Of Children And Other Vulnerable Persons) and the Canada Evidence Act. (2005). 1st Reading, October 8, 2004. Ottawa: Parliament of Canada.
Eagly, I.V. (2010). Prosecuting immigration. Northwestern University Law Review, 104(4), p. 1281.
FitzGerald, S. A. (2012). Vulnerable bodies, vulnerable borders: Extraterritoriality and human trafficking. Feminist Legal Studies, 20(3), pp. 227-244.
Iltis, A. S., Wall, A., Lesandrini, J., Rangel, E. K., & Chibnall, J. T. (2009). Federal interpretation and enforcement of protections for vulnerable participants in human research. Journal of Empirical Research on Human Research Ethics : JERHRE, 4(1), pp. 37-41.
Jolivet, A., Cadot, E., Florence, S., Lesieur, S., Lebas, J., & Chauvin, P. (2012). Migrant health in french guiana: Are undocumented immigrants more vulnerable? BMC Public Health, 12(1), p. 53.
Mannan, H., MacLachlan, M., & McVeigh, J. (2012). Core concepts of human rights and inclusion of vulnerable groups in the united nations convention on the rights of persons with disabilities. ALTER – European Journal of Disability Research / Revue Européenne De Recherche Sur Le Handicap, 6(3), pp. 159-177.
McEwan, J. (2013). Vulnerable defendants and the fairness of trials. (United Kingdom). Criminal Law Review, (2), p. 100.