Law and vulnerability

Teacher(s)

Lambert Charlotte;

Language

French

Main themes

The course examines vulnerability from a legal perspective. Whilst vulnerability is not a legal concept in its own right, it is a concept that permeates the law, whether explicitly or implicitly. However, the concept of vulnerability remains difficult for legal practitioners to grasp due to its polysemic nature, particularly when the functions of vulnerability are unclear or variable [1]. Vulnerability can be approached from a categorical perspective, but also from a general one. Examining the general nature of vulnerability allows us to consider it through an interdisciplinary lens and thus to view it as a universal potential[2] inherent in the human condition[3]. The categorical approach to vulnerability has the advantage of allowing vulnerability to be addressed in relation to specific situations and thus of examining the effectiveness of the law as an instrument capable of responding adequately to the particular function associated with a specific form of vulnerability. Vulnerability also raises the question of the effectiveness or ineffectiveness of the rights of these vulnerable individuals, and constitutes the criterion that transforms a person’s fragility into genuine legal vulnerability[4]. Indeed, national and international legal systems are increasingly recognising that certain groups, due to particular characteristics, are more likely to find their access to rights impeded.

Learning outcomes

At the end of this learning unit, the student is able to :

By the end of the course: Students will be able to explain the concept of vulnerability from a legal perspective and to distinguish between the general and categorical approaches to the concept. They will also be able to situate the legal approach within an interdisciplinary framework. Students will be able to assess, on the basis of a specific situation, potential vulnerabilities and identify the relevant mechanisms provided for by law to prevent or reduce them. Students will be able to assess the limitations of the mechanisms described, particularly in light of the interpretation of the principles by the competent courts, and to critique their (in)effectiveness. By the end of the course, students will be able to propose a legally rigorous and critical approach to understanding vulnerabilities based on a proposed practical scenario.

Content

The course will consist of three main parts:
Conceptual approaches to vulnerability: foundations, concepts and limitations
This first part aims to provide students with the necessary theoretical framework to enable them to identify vulnerability, as well as its place and functions, both within domestic and international legal systems and in society.
Categories of vulnerability through the lens of law: selected issues
In the second part of the course, students will be invited to explore specific forms of vulnerability in particular contexts. Legal response mechanisms will also be analysed, along with their limitations and effectiveness. Whilst not intended to be exhaustive, the areas studied could include: economic and social vulnerabilities, health-related vulnerabilities, age-related vulnerabilities, digital vulnerabilities, gender-related vulnerabilities, environmental vulnerabilities, etc.
Group case studies
Towards the end of the course, students will be required to work in groups to present an analysis of a practical situation, applying the methodology established in previous classes. This group case study will not involve the submission of any written work; students will be expected to deliver an oral presentation only.

Teaching methods

The teaching methods are tailored to the students on the part-time Master’s programme in Law. In the first part of the course, lectures will be supplemented by the analysis of case law, as well as group discussions and debates.
In the second part of the course, a case-based approach will be adopted at the start of each area of study in order to contextualise the learning. This case-based approach may take the form of a practical case study, a newspaper article, a recent court ruling, extracts from literary or audiovisual works, etc. Based on the practical scenario presented, students will be encouraged, sometimes individually and sometimes in groups, to identify the actual or potential vulnerabilities within the scenario. This approach will also aim to enable students to engage critically with the legal response mechanisms, as the course will not be limited to a description of the law but will be structured around debates and reflections on the effectiveness and limitations of these protective mechanisms. External speakers may also be invited.
Finally, in the third part of the course, students will be asked to present the results of their case analysis collectively to the group. This oral presentation will account for 25 per cent of the final mark.

Evaluation methods

Assessment will be organised in two stages:
25 per cent of the final mark will be based on the group case study, which will take place during the third part of the course. This mark will reflect the quality of the oral presentation of the group’s collective analysis. This mark is finalised in the second assessment period.
75 per cent of the final mark will be based on an oral examination consisting of an individual case study, similar to that covered in the third part of the course. Students will be given preparation time to familiarise themselves with the practical case presented and the various supporting documents, in order to prepare a structured analysis based on the methodology developed throughout the course.

Other information

The students’ notes and the PowerPoint presentations provided by the lecturer constitute the main course materials. Case law decisions and other documents studied will be made available on Moodle.
Where necessary, and to help students gain a thorough understanding of the subject matter, the lecturer may also recommend academic texts to support her teaching.

Bibliography

Fineman, M.-A., « The Vulnerable Subject: Anchoring Equality in the Human Condition », Yale Journal of Law and Feminism, 2008, vol. 20, n° 1, pp. 1-23.
Neven, J.-F., La référence à la vulnérabilité dans le droit de la protection sociale : des sciences humaines et sociales au droit positif, thèse de doctorat, Université de Namur, 2018, non publiée, disponible sur le portail de recherche de l'UNamur.
Capitant, H. (dir.), Vulnérabilité., Bruxelles, Bruylant, 2020, pp. 173 et s
Paillet, E. et Richard, P. (dir.), Effectivité des droits et vulnérabilité des personnes, Bruxelles, Bruylant, 2014, pp. 1-8.
Rouvière, F. (dir.), Le droit à l'épreuve de la vulnérabilité, Bruxelles, Bruylant, 2010, 721 p.

Faculty or entity

> DRT