Pub Date : 2016-12-02DOI: 10.18351/2179-7137/GED.V5N3P194-220
A. Bagattini, Rebecca Gutwald
The main purpose of our paper consists in establishing the idea that the negative consequences that result from child poverty can be mitigated if the government and social workers promote the resilience of poor children. We use Amartya Sen’s capability approach as an evaluative framework to argue for this thesis. By distinguishing different sources of vulnerability we assume that children are inherently vulnerable, because they are dependent and in need of care. Poor children are, however, even more vulnerable in specific ways. Following Catriona MacKenzie, we call these vulnerabilities “pathogenetic”; they are caused by social arrangements like institutional settings. We claim that at least some some of those vulnerabilities can and should be diminished by promoting children’s resilience. We proceed in three steps. In the first part of the paper, we develop our concept of vulnerability and explain how child poverty renders children vulnerable to specific harms. Here we also introduce the capability approach by asking which capabilities children need for coping with this situation. In part two we argue that the concept of resilience helps us to understand why capabilities (and not resources or abilities) are relevant for coping with the adverse effects of child poverty. We claim that promoting the capabilities of children is a matter of justice, and that implementing resilience is, too. It is also highly important to see that promoting resilience is mainly a social matter, not a task the individual child has to fulfil on its own. Hence, we argue that children are entitled to gain those capabilities that promote their resilience against the adverse effects of poverty. In part three we discuss several difficulties of our account, such as the danger that children will be burdened with coping with the effects of poverty instead of society fighting poverty.
{"title":"MAKING THEM STRONG? VULNERABILITY, CAPABILITIES AND RESILIENCE IN POOR CHILDREN","authors":"A. Bagattini, Rebecca Gutwald","doi":"10.18351/2179-7137/GED.V5N3P194-220","DOIUrl":"https://doi.org/10.18351/2179-7137/GED.V5N3P194-220","url":null,"abstract":"The main purpose of our paper consists in establishing the idea that the negative consequences that result from child poverty can be mitigated if the government and social workers promote the resilience of poor children. We use Amartya Sen’s capability approach as an evaluative framework to argue for this thesis. By distinguishing different sources of vulnerability we assume that children are inherently vulnerable, because they are dependent and in need of care. Poor children are, however, even more vulnerable in specific ways. Following Catriona MacKenzie, we call these vulnerabilities “pathogenetic”; they are caused by social arrangements like institutional settings. We claim that at least some some of those vulnerabilities can and should be diminished by promoting children’s resilience. We proceed in three steps. In the first part of the paper, we develop our concept of vulnerability and explain how child poverty renders children vulnerable to specific harms. Here we also introduce the capability approach by asking which capabilities children need for coping with this situation. In part two we argue that the concept of resilience helps us to understand why capabilities (and not resources or abilities) are relevant for coping with the adverse effects of child poverty. We claim that promoting the capabilities of children is a matter of justice, and that implementing resilience is, too. It is also highly important to see that promoting resilience is mainly a social matter, not a task the individual child has to fulfil on its own. Hence, we argue that children are entitled to gain those capabilities that promote their resilience against the adverse effects of poverty. In part three we discuss several difficulties of our account, such as the danger that children will be burdened with coping with the effects of poverty instead of society fighting poverty.","PeriodicalId":42602,"journal":{"name":"Revista Genero & Direito","volume":"5 1","pages":"194-220"},"PeriodicalIF":0.1,"publicationDate":"2016-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67631920","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-12-02DOI: 10.18351/2179-7137/GED.V5N3P77-103
Alessandra Grompi
Sophocles’ Philoctetes is a play about vulnerability. The wretched hero became the symbol of human frailty. The social vulnerability adds to the ontological vulnerability, when Philoctetes’ companions abandoned him in Lemno for ten years, because of his smelly wound and loud cries. But Atrides needed Philoctetes and his bow for winning Troy war. The plot of Odysseus of taking back Philoctetes to Troy with the understanding of young Neoptolemus is foiled because of the pity arisen in the young man from his encounter with wounded Philoctetes. The discovery of vulnerability will be the source of new duties and a new moral approach, and it will lead to abandon political utilitarianism, inaugurating an ethic approach based on care. Heracles final apparition shows that care for vulnerability and political utility can coexist, if the former helps to achieve inclusion, and the latter doesn’t exploit the other for its own ends.
{"title":"IL FILOTTETE DI SOFOCLE: UNA RIFLESSIONE SU VULNERABILITÀ E POLITICA","authors":"Alessandra Grompi","doi":"10.18351/2179-7137/GED.V5N3P77-103","DOIUrl":"https://doi.org/10.18351/2179-7137/GED.V5N3P77-103","url":null,"abstract":"Sophocles’ Philoctetes is a play about vulnerability. The wretched hero became the symbol of human frailty. The social vulnerability adds to the ontological vulnerability, when Philoctetes’ companions abandoned him in Lemno for ten years, because of his smelly wound and loud cries. But Atrides needed Philoctetes and his bow for winning Troy war. The plot of Odysseus of taking back Philoctetes to Troy with the understanding of young Neoptolemus is foiled because of the pity arisen in the young man from his encounter with wounded Philoctetes. The discovery of vulnerability will be the source of new duties and a new moral approach, and it will lead to abandon political utilitarianism, inaugurating an ethic approach based on care. Heracles final apparition shows that care for vulnerability and political utility can coexist, if the former helps to achieve inclusion, and the latter doesn’t exploit the other for its own ends.","PeriodicalId":42602,"journal":{"name":"Revista Genero & Direito","volume":"5 1","pages":"77-103"},"PeriodicalIF":0.1,"publicationDate":"2016-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67631765","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-12-02DOI: 10.18351/2179-7137/GED.V5N3P1-14
L. Re
The essay presents a discussion of vulnerability theory from a philosophical and a sociological perspective. The success of this new paradigm in the social sciences and even in the public discourse appears justified by the need to rethink the institutions and social ties of late modernity, also from a gender perspective. It is undoubtedly a fascinating prospect, but one that conceals numerous pitfalls. In particular, ideas of agency, conflict, emancipation and solidarity, which are closely connected with fundamental rights theory and the development of constitutionalism may lose importance. The vulnerability paradigm, rather than eclipsing the language of rights, could then be used to interpret these rights, to define them with increasing accuracy and reinforce their effectiveness. In particular, the bottom-up construction of an emancipatory notion of vulnerability may well lead to an auspicious update of the interpretation of the principles of dignity, equality and solidarity, principles that nevertheless still appear today as indispensable
{"title":"INTRODUCTION:THE VULNERABILITY CHALLENGE","authors":"L. Re","doi":"10.18351/2179-7137/GED.V5N3P1-14","DOIUrl":"https://doi.org/10.18351/2179-7137/GED.V5N3P1-14","url":null,"abstract":"The essay presents a discussion of vulnerability theory from a philosophical and a sociological perspective. The success of this new paradigm in the social sciences and even in the public discourse appears justified by the need to rethink the institutions and social ties of late modernity, also from a gender perspective. It is undoubtedly a fascinating prospect, but one that conceals numerous pitfalls. In particular, ideas of agency, conflict, emancipation and solidarity, which are closely connected with fundamental rights theory and the development of constitutionalism may lose importance. The vulnerability paradigm, rather than eclipsing the language of rights, could then be used to interpret these rights, to define them with increasing accuracy and reinforce their effectiveness. In particular, the bottom-up construction of an emancipatory notion of vulnerability may well lead to an auspicious update of the interpretation of the principles of dignity, equality and solidarity, principles that nevertheless still appear today as indispensable","PeriodicalId":42602,"journal":{"name":"Revista Genero & Direito","volume":"128 1","pages":"1-14"},"PeriodicalIF":0.1,"publicationDate":"2016-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67631404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-12-02DOI: 10.18351/2179-7137/GED.V5N3P15-29
Brunella Casalini
The present article argues that the main contribution of contemporary feminist theory on vulnerability stems from the distinction of two possible kinds of vulnerability: an ontological vulnerability and a vulnerability linked to various processes (social, cultural, economic and juridical) of vulnerabilisation. This contribution is not limited to the critical and deconstructive level. As a positive proposal, it advances in the direction of an individual which, recovering its own relational, embodied, "fleshy" and situated dimension, abandons the illusion of its own sovereignty, accepts its vulnerability like an opening up to others, and thus also accepts the responsibility for an open and democratic dialogue and the need for institutions inspired by an "enabling" conception of justice (cf. Young 1990).
{"title":"POLITICS, JUSTICE AND THE VULNERABLE SUBJECT: THE CONTRIBUTION OF FEMINIST THOUGHT","authors":"Brunella Casalini","doi":"10.18351/2179-7137/GED.V5N3P15-29","DOIUrl":"https://doi.org/10.18351/2179-7137/GED.V5N3P15-29","url":null,"abstract":"The present article argues that the main contribution of contemporary feminist theory on vulnerability stems from the distinction of two possible kinds of vulnerability: an ontological vulnerability and a vulnerability linked to various processes (social, cultural, economic and juridical) of vulnerabilisation. This contribution is not limited to the critical and deconstructive level. As a positive proposal, it advances in the direction of an individual which, recovering its own relational, embodied, \"fleshy\" and situated dimension, abandons the illusion of its own sovereignty, accepts its vulnerability like an opening up to others, and thus also accepts the responsibility for an open and democratic dialogue and the need for institutions inspired by an \"enabling\" conception of justice (cf. Young 1990).","PeriodicalId":42602,"journal":{"name":"Revista Genero & Direito","volume":"5 1","pages":"15-29"},"PeriodicalIF":0.1,"publicationDate":"2016-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67632026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-12-02DOI: 10.18351/2179-7137/GED.V5N3P221-230
O. Giolo
The notion of vulnerability is extremely broad and has been interpreted in a variety of ways by different disciplinary spheres. This multiplicity of meanings and usages certainly represents a resource and attests to the indisputable theoretical and practical relevance of this term and of the vocabulary that has developed around it. Reflections on vulnerability would acquire greater utility if they were aimed at reconfiguring the proposal-generating capacity of this notion, not so much with a view to replacing significant principles such as equality but rather by drawing attention to the fact that some existing political institutions and legal institutions are already implicitly based on vulnerability. In this case, the reflection would be directed at proposing a sort of overturning of the paradigm. Thanks to this alternative perspective, in fact, we would be able to recover the “classic” positioning of the notion of vulnerability: namely, a key element of political and legal thought by virtue of its being an intrinsic feature of all human beings and, as such, highly relevant for the establishment of political institutions and the production of legislation, which in turn makes it an implicit “assumption” in contractarian and utilitarian philosophies. This change in outlook would inescapably lead to a new re-consideration of the issue of violence/force from a contemporary perspective, and therein lies what I see as the true significance of vulnerability.
{"title":"CONCLUSIONS: VULNERABILITY AND STRENGTH: A TIMEWORN PAIRING IN NEED OF RECONSIDERATION","authors":"O. Giolo","doi":"10.18351/2179-7137/GED.V5N3P221-230","DOIUrl":"https://doi.org/10.18351/2179-7137/GED.V5N3P221-230","url":null,"abstract":"The notion of vulnerability is extremely broad and has been interpreted in a variety of ways by different disciplinary spheres. This multiplicity of meanings and usages certainly represents a resource and attests to the indisputable theoretical and practical relevance of this term and of the vocabulary that has developed around it. Reflections on vulnerability would acquire greater utility if they were aimed at reconfiguring the proposal-generating capacity of this notion, not so much with a view to replacing significant principles such as equality but rather by drawing attention to the fact that some existing political institutions and legal institutions are already implicitly based on vulnerability. In this case, the reflection would be directed at proposing a sort of overturning of the paradigm. Thanks to this alternative perspective, in fact, we would be able to recover the “classic” positioning of the notion of vulnerability: namely, a key element of political and legal thought by virtue of its being an intrinsic feature of all human beings and, as such, highly relevant for the establishment of political institutions and the production of legislation, which in turn makes it an implicit “assumption” in contractarian and utilitarian philosophies. This change in outlook would inescapably lead to a new re-consideration of the issue of violence/force from a contemporary perspective, and therein lies what I see as the true significance of vulnerability.","PeriodicalId":42602,"journal":{"name":"Revista Genero & Direito","volume":"5 1","pages":"221-230"},"PeriodicalIF":0.1,"publicationDate":"2016-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67632049","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-12-02DOI: 10.18351/2179-7137/GED.V5N3P104-131
Martha Albertson Fineman
Since there is no U.S. constitutional guarantee to basic social goods, the anti-discrimination, sameness-of-treatment approach to equality which is prevalent in the United States is particularly problematic. In this scenario, little help comes from the international context, since America has not ratified many of the international agreements concerning human rights, including those associated with the economic ones. Similarly, American courts face resistance, if not outright rejection, in applying human rights ideals: several Justices of the Supreme Court decried references to human rights principles used to bolster arguments about constitutionality under American precedent to be the application of "foreign fads" when (superior) American constitutional provisions should prevail. Fineman's concept of vulnerability (and the related idea of vulnerable subject), initially conceived to challenge this status quo by covertly introducing the human rights discourse in the American context, is now a peculiar approach, focused on exploring the nature of the human part, rather than the rights part, of the human rights trope. Importantly, consideration of vulnerability brings societal institutions, in addition to the State and individual, into the discussion and under scrutiny: indeed, being a characteristic of a relational self, the concept suggests that institutions should be responsive to individuals. Therefore, the nature of human vulnerability forms the basis for a claim that the State must be more responsive to that vulnerability and do better at ensuring the promise of equality of opportunity.
{"title":"Il soggetto vulnerabile e lo Stato responsabile","authors":"Martha Albertson Fineman","doi":"10.18351/2179-7137/GED.V5N3P104-131","DOIUrl":"https://doi.org/10.18351/2179-7137/GED.V5N3P104-131","url":null,"abstract":"Since there is no U.S. constitutional guarantee to basic social goods, the anti-discrimination, sameness-of-treatment approach to equality which is prevalent in the United States is particularly problematic. In this scenario, little help comes from the international context, since America has not ratified many of the international agreements concerning human rights, including those associated with the economic ones. Similarly, American courts face resistance, if not outright rejection, in applying human rights ideals: several Justices of the Supreme Court decried references to human rights principles used to bolster arguments about constitutionality under American precedent to be the application of \"foreign fads\" when (superior) American constitutional provisions should prevail. Fineman's concept of vulnerability (and the related idea of vulnerable subject), initially conceived to challenge this status quo by covertly introducing the human rights discourse in the American context, is now a peculiar approach, focused on exploring the nature of the human part, rather than the rights part, of the human rights trope. Importantly, consideration of vulnerability brings societal institutions, in addition to the State and individual, into the discussion and under scrutiny: indeed, being a characteristic of a relational self, the concept suggests that institutions should be responsive to individuals. Therefore, the nature of human vulnerability forms the basis for a claim that the State must be more responsive to that vulnerability and do better at ensuring the promise of equality of opportunity.","PeriodicalId":42602,"journal":{"name":"Revista Genero & Direito","volume":"5 1","pages":"104-131"},"PeriodicalIF":0.1,"publicationDate":"2016-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67631299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-12-02DOI: 10.18351/2179-7137/GED.V5N3P58-76
Sandra Rossetti
The essay examines some of the major philosophical perspectives which have addressed the theme of vulnerability, with the aim of understanding what kind of ontologies they have produced, and how they have characterised the related ethics. Particular attention is placed on some Authors who, although sometimes very different in relation to their national and cultural backgrounds, share the same Jewish origin: Simone Weil, Emmanuel Levinas, Hans Jonas and Judith Butler. The essay shows how these Thinkers developed an ethics of responsibility. Special attention is payed to the philosophy of Hans Jonas and the possible links of his thought with the philosophy of animal rights.
{"title":"LA VULNERABILITE ENTRE HUMANISME ET POST-HUMANISME ANTI-SPECISTE","authors":"Sandra Rossetti","doi":"10.18351/2179-7137/GED.V5N3P58-76","DOIUrl":"https://doi.org/10.18351/2179-7137/GED.V5N3P58-76","url":null,"abstract":"The essay examines some of the major philosophical perspectives which have addressed the theme of vulnerability, with the aim of understanding what kind of ontologies they have produced, and how they have characterised the related ethics. Particular attention is placed on some Authors who, although sometimes very different in relation to their national and cultural backgrounds, share the same Jewish origin: Simone Weil, Emmanuel Levinas, Hans Jonas and Judith Butler. The essay shows how these Thinkers developed an ethics of responsibility. Special attention is payed to the philosophy of Hans Jonas and the possible links of his thought with the philosophy of animal rights.","PeriodicalId":42602,"journal":{"name":"Revista Genero & Direito","volume":"5 1","pages":"58-76"},"PeriodicalIF":0.1,"publicationDate":"2016-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67631666","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-12-02DOI: 10.18351/2179-7137/GED.V5N3P174-193
Valeria Marzocco
Over the past few years, the political and legal debate of government’s new strategies about social complexity has been followed by the representation of individual and collective increasing vulnerability imposed by the process of transformation that has affected the concept of risk. The scenario returned by threat exposure coming from the representation of global political uncertainty actives human decision in a perspective that changes concept and historical form that risk definition process offered to modern society. In these terms, either vulnerability concept or resilience model functionalize a representation describing the exposition to uncertainty offered by the crisis of the calculable risk definition: they conceptually return to an appeal of explicative ability of categories and meanings attributed by theories of complexity borrowers of an epistemological approach of natural science defining the possible government policy in a scenario characterized by fast and unpredictable changes
{"title":"INSEGUROS Y LIBRES: VULNERABILIDAD Y RESILENCIA EN EL LÉXICO POLÍTICO-JURÍDICO DEL NEOLIBERALISMO","authors":"Valeria Marzocco","doi":"10.18351/2179-7137/GED.V5N3P174-193","DOIUrl":"https://doi.org/10.18351/2179-7137/GED.V5N3P174-193","url":null,"abstract":"Over the past few years, the political and legal debate of government’s new strategies about social complexity has been followed by the representation of individual and collective increasing vulnerability imposed by the process of transformation that has affected the concept of risk. The scenario returned by threat exposure coming from the representation of global political uncertainty actives human decision in a perspective that changes concept and historical form that risk definition process offered to modern society. In these terms, either vulnerability concept or resilience model functionalize a representation describing the exposition to uncertainty offered by the crisis of the calculable risk definition: they conceptually return to an appeal of explicative ability of categories and meanings attributed by theories of complexity borrowers of an epistemological approach of natural science defining the possible government policy in a scenario characterized by fast and unpredictable changes","PeriodicalId":42602,"journal":{"name":"Revista Genero & Direito","volume":"5 1","pages":"174-193"},"PeriodicalIF":0.1,"publicationDate":"2016-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67631642","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-12-02DOI: 10.18351/2179-7137/GED.V5N3P30-48
Elena Pulcini
Contemporary feminist thought undoubtedly has the merit of having called into question the paradigm of the modern subject: that is the figure of a sovereign subject. Despite immense differences, feminism has tried to rethink the subject by taking criticism of the modern paradigm as its starting point. The idea has emerged of a subject that takes leave of the modern Self’s unilateralism by reintegrating the excluded, repressed, undervalued poles (whether they are difference, the body, the unconscious or care). In other words, what has long been considered “other” loses its negative connotation and becomes an element constituting the Self. While sharing this perspective, I have come up with an idea that could be defined as the fertility of the negative. Particularly inspired by the reflection of Georges Bataille, I have tried to put forward the notion of a contaminated subject.
{"title":"BETWEEN VULNERABILITY AND CONTAMINATION: RETHINKING THE SELF IN THE GLOBAL AGE","authors":"Elena Pulcini","doi":"10.18351/2179-7137/GED.V5N3P30-48","DOIUrl":"https://doi.org/10.18351/2179-7137/GED.V5N3P30-48","url":null,"abstract":"Contemporary feminist thought undoubtedly has the merit of having called into question the paradigm of the modern subject: that is the figure of a sovereign subject. Despite immense differences, feminism has tried to rethink the subject by taking criticism of the modern paradigm as its starting point. The idea has emerged of a subject that takes leave of the modern Self’s unilateralism by reintegrating the excluded, repressed, undervalued poles (whether they are difference, the body, the unconscious or care). In other words, what has long been considered “other” loses its negative connotation and becomes an element constituting the Self. While sharing this perspective, I have come up with an idea that could be defined as the fertility of the negative. Particularly inspired by the reflection of Georges Bataille, I have tried to put forward the notion of a contaminated subject.","PeriodicalId":42602,"journal":{"name":"Revista Genero & Direito","volume":"5 1","pages":"30-48"},"PeriodicalIF":0.1,"publicationDate":"2016-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67632063","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-12-02DOI: 10.18351/2179-7137/GED.V5N3P132-151
M. Bernardini
Despite the increasing confidence in the transformative potential of the concept of “vulnerability”, its juridical use is still susceptible of producing some exclusionary consequences: the interchangeable use of terms “vulnerable”, “weak” and “fragile” referred to groups whose members are intended to need a special protection, is likely to have a “labelling-effect” on those who take part to some specific groups, reinforcing their distance from the paradigmatic subject of law. After addressing the current use of the category at stake, the Author will analyse the Convention on the Rights of Persons with Disabilities (UNCPRD), which constitutes a break with the liberal tradition and implements a universal (therefore, non-exclusionary) notion of vulnerability. Particular attention will be paid to the new conception of legal capacity welcomed by art. 12 UNCRPD.
{"title":"VULNERABILITY AND THE (DISABILITY) LAW: STATUS, CHALLENGES AND PROMISES OF A CONTROVERSIAL CATEGORY","authors":"M. Bernardini","doi":"10.18351/2179-7137/GED.V5N3P132-151","DOIUrl":"https://doi.org/10.18351/2179-7137/GED.V5N3P132-151","url":null,"abstract":"Despite the increasing confidence in the transformative potential of the concept of “vulnerability”, its juridical use is still susceptible of producing some exclusionary consequences: the interchangeable use of terms “vulnerable”, “weak” and “fragile” referred to groups whose members are intended to need a special protection, is likely to have a “labelling-effect” on those who take part to some specific groups, reinforcing their distance from the paradigmatic subject of law. After addressing the current use of the category at stake, the Author will analyse the Convention on the Rights of Persons with Disabilities (UNCPRD), which constitutes a break with the liberal tradition and implements a universal (therefore, non-exclusionary) notion of vulnerability. Particular attention will be paid to the new conception of legal capacity welcomed by art. 12 UNCRPD.","PeriodicalId":42602,"journal":{"name":"Revista Genero & Direito","volume":"5 1","pages":"132-151"},"PeriodicalIF":0.1,"publicationDate":"2016-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67631522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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