...individual possesses multiple identities simultaneously (for example, a child with a disability who belongs to an ethnic minority), all of which contribute not only to how they see themselves, but also to how they are seen by society. 5.3 The Concept of ‘Vulnerability’ in International Human Rights Law🔗 Under international law, the concept of vulnerability helps denote persons that ‘are more prone to harm than others’.24 From a human rights point of view, their predicament......to human rights violations.26 As a result, such persons require ‘special protection’.27 Concern for the protection of vulnerable persons has not only led to the consolidation of IHRL after the Holocaust, but also grounds and prominently features in all the UN and regional human rights treaties adopted after 1948.28 However, vulnerability should not be understood as a biological descriptor: vulnerability is not necessarily inherent or intrinsic to the human condition. Rather, societal structures play a......several factors such as the fact that ‘she was a woman, a person with HIV, a person with a disability, a minor, and due to her socio-economic status’, increasing her vulnerability and exacerbating the harm she suffered.21 In this sense, the discrimination suffered by the applicant was multiple. The Court, in finding that the State had violated the applicant’s right to education among other rights, indicated that the discrimination ‘was caused not only by numerous......is ‘more challenging than the situation of other members of society’.25 Note to reader All references to ‘vulnerability’ in the Guidebook should not be interpreted as overlooking the agency and individual circumstances of vulnerable persons. Where appropriate, the language of ‘at risk’ has been used instead. Similarly, while many of the sources used in the Guidebook use the terminology of ‘vulnerable persons’, there has been a movement away from this language. Any references to vulnerable......persons should be understood as persons in vulnerable situations or at risk. This shift is meant to encourage States to undertake a context-specific analysis and consider what the vulnerability risk relates to, for example further or heightened discrimination, marginalisation and/or more violence, including sexual violence. Persons in vulnerable situations possess characteristics, such as gender, immigration status and/or socio-economic deprivation, that entail external, structural conditions of risk which place them in a position of higher exposure...

...procedures to ensure the rapid and appropriate identification of international protection needs or situations of vulnerability’;33 Provide migrants in migrant holding centres with access to medical care, interpreters, adequate food and social support. States should develop ‘a solid guardianship system and appoint qualified guardians to unaccompanied children’; Safeguard ‘the physical integrity of migrants and asylum seekers’, provide them with the assistance of lawyers and independent monitors, and ensure that law enforcement officers are guided ‘by...

...form of sexual violence, is a human rights violation and can be a threat to international peace and security. Conflict and post-conflict situations can create demand for women’s exploitation. Conflict-affected regions are frequently areas of origin, transit and destination. Third-party countries facilitate trafficking when they restrict migrant influxes out of conflict-affected areas. Restrictive, sex-specific or discriminatory migration policies that limit opportunities for women and girls fleeing conflict zones heightens their vulnerability to exploitation and trafficking.117...

...and/or mental repercussions that violence or abuse has on each individual, ‘taking into account all relevant circumstances of each case, including the nature of the treatment, the sex, age and state of health and vulnerability of the victim and any other status or factors’.4 The Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment has also suggested that States examine the victim’s social status, discriminatory frameworks that reinforce gender stereotypes and exacerbate......based on protection, human rights and non-discrimination’;90 Restricting the use of entertainment visas to ensure they are not used to facilitate trafficking, allocating sufficient resources for this purpose, and vigorously pursuing enforcement of criminal laws in this regard;91 Developing and applying criteria for evaluating the vulnerability of victims/survivors of trafficking; Providing specialised training to law enforcement officials, border guards, immigration officials, prosecutors, labour inspectors, medical professionals and other relevant actors on detecting and identifying victims/survivors...

...by private individuals’.76 With respect to sentencing, States should swiftly impose sanctions ‘that reflect the gravity of the offence’.77 In particular, States should ‘provide for penalties that are proportional to the seriousness of the act of sexual violence’, taking into account ‘any aggravating circumstances’, including the vulnerability of the victim/survivor, while disregarding irrelevant factors, such as the sexual behaviour of the victim/survivor before or after the violence and the victim/survivor’s status as a member of a......put the victim back to the situation they were in before the violation’.119 In cases of sexual violence, restitution may include: The exercise and enjoyment of human rights, particularly the rights to dignity, security, and health, including sexual and reproductive rights; Enjoyment of family life; and Return to employment and education.120 Where the violation was facilitated by the victims/survivors’ position of vulnerability and marginalisation which predated the violation, States should complement restitutive measures with measures addressing......‘the structural causes of the vulnerability and marginalisation, including any kind of discrimination’, such as measures designed to remedy socio-economic disadvantage caused by oppressive regimes.121 Compensation. Compensation should ‘be fair, adequate and proportionate to the material, non-material and other harm suffered’. It should be ‘sufficient to compensate for any economically assessable damage resulting from torture and other ill-treatment’. It may cover, where applicable: Legal aid or specialised assistance, ‘and other costs associated with bringing a claim...

...south-east of Turkey between security forces and members of the Workers’ Party of Kurdistan,24 the applicant had been detained by security forces and raped while in custody, and subjected to various forms of ill-treatment.25 The ECtHR held that rape of a detainee by a State official is ‘an especially grave and abhorrent form of ill-treatment’ given the ‘vulnerability and weakened resistance’ of the victim.26 The ECtHR considered both the psychological and physical pain caused by rape, stating that:......discrimination are connected. In their implementation of the ECHR, States should be particularly considerate of the needs of individuals the ECtHR has deemed ‘vulnerable’, such as children.52 Vulnerability denotes individuals who, by virtue of different grounds of discrimination, are more exposed to both direct and indirect violation of their rights.53 For example, the ECtHR in De Donder et De Clippel considered that the applicants’ son, as a person deprived of his liberty and with mental disorders, was doubly......vulnerable.54 In B.S. v Spain, the ECtHR similarly determined that the Spanish courts had failed ‘to take account of the applicant’s particular vulnerability inherent in her position as an African woman working as a prostitute’, and found a violation of both articles 3 and 14.55 Case study: De Donder et De Clippel. The applicants were the parents of Tom De Clippel, who had committed suicide in a Belgian prison. Tom had previously resided in psychiatric institutions, had drug problems......basis of a medical report which described him as a danger to himself. Lastly, the seriousness of Tom’s mental disorders could not be disputed. Together, these elements led the ECtHR to conclude that the authorities had been alerted to Tom’s vulnerability.59 Having determined that the risk was real and immediate, and that the authorities knew of it, the ECtHR considered whether Belgium had failed to prevent Tom’s suicide. The authorities had placed Tom in an......at risk: in E.B. v Romania, the ECtHR considered that the victim’s intellectual disability ‘placed her in a heightened state of vulnerability’. The investigating authorities and the domestic courts should have shown increased diligence in analysing her statements.83 Failure to properly investigate or provide appropriate judicial response to ‘complaints of sexual abuse against children or other vulnerable persons such as persons with intellectual disabilities’ fosters impunity, which may be in breach of article 3.84 III.8 States must...

...suffering, including their age, gender, and physical condition’.10 The Court has similarly followed the jurisprudence of the European Court of Human Rights to find that psychological and moral suffering may be deemed inhuman ‘even in the absence of physical injuries’. The degrading aspect of ill-treatment is characterised by the inducement of fear, anxiety and inferiority to humiliate and degrade the victim, and break their physical and moral resistance. This situation ‘is exacerbated by the vulnerability......unable to access protection because of her lack of knowledge of the official language.49 When individuals belong ‘to a particularly vulnerable group’, States’ obligations are increased:50 States must not only refrain from violating their rights, but they must also adopt positive measures, based on the person’s specific needs for protection.51 In Angulo Losada v Bolivia, which concerned a 16-year-old girl subjected to sexual violence by her 26-year-old cousin, the Court stated that situations of vulnerability must be......considered in light of the intersectionality between different factors, such as gender and childhood. The fact that the complainant was female and had been a girl at the time of the violence placed her in a situation of double vulnerability, because: The perpetrator was a figure of authority to her. Due to this inequality in power, consent could not be inferred; In the domestic judicial proceedings, the complainant was forced to recount the sexual violence......several times, without regard to the trauma this would cause.52 Women. Under article 9 of the Convention of Belém do Pará, States must ‘take special account of women’s vulnerability to violence’ by reason of, for example, their race or ethnic background or their status as migrants, refugees or displaced persons. States must give similar consideration to ‘women subjected to violence while pregnant or who are disabled, of minor age, elderly, socio-economically disadvantaged, affected by armed conflict......a detainee by a State agent is an especially gross and reprehensible act due to the victim’s vulnerability and the agent’s abuse of power.62 III.6 States must educate their population on CRSV🔗 The Court has welcomed measures that some States have adopted to end sexual violence, such as: Workshops and courses on violence in the education system; Protocols to address the prevention of sexual violence; and Education and awareness campaigns to disseminate information on sexual...