مفهوم الهشاشة في القانون الدولي لحقوق الإنسان و نطاق الحماية الدولية

Abstract EN

The term "Vulnerability" began to gain momentum and ascendency in international law, especially within the international protection framework related to human rights.

However, the emergence of this concept in legal logic did not receive the necessary attention of scrutiny and jurisprudential rooting for its use at the international level.

Albeit resorting to the notion of vulnerability gives some individuals several additional possibilities to enjoy international protection, the legal use of this concept faces numerous drawbacks.

This paper aims to demonstrate the legal development of the increasing use of the concept of vulnerability within the scope of international protection, which is guaranteed by international law.

It examines the most prominent international legal texts and the rulings of international and regional courts concerned with the protection of human rights in order to reach a deep understanding of this newly adopted concept as a means to protect individuals and preserve their rights, in harmony with their special circumstances linked with fragility and peril.