VULNERABLE GROUPS

ARSALAN AHMAD
B.A.LL.B
5TH SEMESTER
SELF FINANCE
HUMAN RIGHTS ASSIGNMENT
ROLL NO. – 09
INTRODUCTION

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The term "vulnerable groups" is usually synonymous with "groups at risk". A group is
generally considered vulnerable because there is good reason to suspect that the individuals
in the group may have special difficulty giving free and informed consent to being the
subjects of research.

19 October 2005 is an important day for bioethics. On this date, the UN member states
adopted a Universal Declaration on Bioethics and Human Rights (UNESCO, 2005). This
declaration represents the first attempt to develop a global normative framework for
bioethics. Article 8 of the declaration addresses the topics discussed here – "vulnerability"
and "vulnerable groups". The article has a dual focus to proclaim "human vulnerability" as a
basic principle of bioethics, and to ensure that individuals and groups of "special
vulnerability" receive adequate protection in the development and application of medical,
scientific and technological knowledge.1
The declaration does not contain a definition of the terms "vulnerability" or "human
vulnerability", but it is stated elsewhere in the declaration that also families, groups and
communities can be vulnerable. It also points out a number of circumstances that can make
individuals and groups vulnerable, like:2

disease
disability
other personal conditions
environmental conditions
limited resources

The declaration is of an anthropocentric nature, in the sense that its frame of reference is
human vulnerability, not the frailties of other life forms.

WHAT IS VULNERABLE GROUP

1
Rhona K M Smith, Textbook On International Human Rights, Oxford University Press, Oxford.
2
Ibid.

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In a human rights sense, certain population groups often encounter discriminatory treatment
or need special attention to avoid potential exploitation. These populations make up what can
be referred to as vulnerable groups. For example, consider the following:
In the United States, only 6 percent of board seats within public companies are
held by minorities, with only 13.6 percent held by women.3
Child abuse by parents and others is a major problem throughout much of the
world, with special departments having been created to investigate complaints of
child abuse.
Within the United States, African Americans continue to experience subtle, if not overt,
discrimination in the form of inadequate educational facilities, lower incomes than others,
disproportionate number of males in prison, and so on. Elderly persons frequently find
themselves victims of scams and other schemes that cost them dearly financially and
otherwise.
Ethnic cleansing or even genocide continues to occur in some parts of the world, with milder
forms of discrimination on the basis of national or ethnic origin occurring elsewhere.
Persons with disabilities often have no recourse to decent employment or adequate treatment
and HIV-AIDS afflicts large numbers of populations in many countries.4
Circumstances in which a particular group encounters obstacles or impediments to the
enjoyment of human rights could continue indefinitely. The idea that all things are equal
within the application or distribution of human rights remains idealistic and outright naïve.
For these reasons, human rights advocates have emphasized the significance of vulnerable
groups and the need to pay special attention to the human rights of those groups. When
people are in unequal situations, treating them in the same manner invariably perpetuates,
rather than eradicates, injustices.5

WOMEN AS A VULNERABLE GROUP

3
Francesca Ippolito, Sara Iglesias Sánchez , Protecting Vulnerable Groups.
4
Ibid.
5
Ibid.

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In societies around the world, female status generally is viewed as inferior and subordinate to
male status. Societies have modeled their gender-role expectations on these assumptions of
the “natural order” of humankind. Historic social structures reflect a subordination of females
to males. This subordination occurs within the organization and conduct of warfare, the
hierarchical ordering of influential religious institutions, attribution of political power,
authority of the judiciary, and influences that shape the content of the law.
The historic subordination, silencing, and imposed inferiority of women are not simply
features of society but a condition of society. Legal precepts traditionally exclude women
from centers of male-gendered power, including legislatures, military institutions, religious
orders, universities, medicine, and law.

Women’s Rights Are Human Rights

Soon after the adoption of the Universal Declaration of Human Rights in 1948, criticism of
its language arose. The declaration refers to “man” and uses the pro noun “he” when
discussing individuals. While drafters of the declaration did not appear to intentionally
exclude women from human rights, central concerns about the male focus have persisted.
Subsequent human rights documents did little to correct the male orientation of human rights
until 1980, when delegates from the United Nations endorsed the Convention on the
Elimination of All Forms of Discrimination Against Women. Since then, the concept that
human rights are for women, as well as men, has gained significant momentum, if not always
put into practice.6

Connection of Women’s Rights to the Social Work Profession

A primary mission of the social work profession is to advocate and work on behalf of
vulnerable populations. In regard to women, a human rights perspective helps to illuminate
the complicated relationship between gender and other aspects of identity such as race, class,
religion, age, sexual orientation, disability, culture, and refugee or migrant status. For
example, viewing domestic violence against women as a human rights violation cuts through
layers of resistance to recognizing that domestic violence has no place anywhere in the world.

6
Douglas A. Brownridge, Violence Against Women: Vulnerable Populations.

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Culture, religion, class nothing justifies domestic violence within a human rights context.
States and individuals are responsible for this abuse whether committed in public or private.
Women’s rights are human rights. By promoting human rights for women, the social work
profession can work toward the fulfillment of its primary mission to assist vulnerable
populations.

Children As A Vulnerable Group

Perhaps even more than women, children occupy a special role within human rights
protections. Children need special protection because of their fragile state of development.
Children are readily susceptible to abuse and neglect and often do not have means to defend
themselves against these wrongs. In its Convention on the Rights of the Child, the United
Nations states that the “child, by reason of his physical and mental maturity, needs special
safeguards and care, including appropriate legal protection, before as well as after birth”7.
Most, if not all, countries have little difficulty recognizing the vulnerability of children in
respect to human rights and other abuses. Throughout the United States, agencies exist with
the specific goal of protecting children from abuse and neglect. States have established
juvenile courts to hear allegations of abuse and neglect by adults and criminal acts by
juveniles. These courts have a primary goal of assisting parents and children and, at least in
theory, are not as adversarial as other court proceedings.

Convention On The Rights Of The Child

Recognizing that children need special protection, the United Nations adopted the
Convention on the Rights of the Child in 1989. This convention specifies basic rights that
every child should enjoy. To date, almost every member country of the United Nations has
approved this convention—the United States is the exception.
President Clinton signed the convention in 1993, but, as with other conventions the U.S.
Senate has failed to approve the convention.
Who Is A Child?

7
Amanda Devine, Tanya Lawlis, Nutrition and Vulnerable Groups.

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Under the convention, a child “means every human being below the age of eighteen years
unless, under the law applicable to the child, majority is attained earlier” (Article 1). This
definition of child allows states to define a child as having reached adulthood before the age
of 18 years if, in particular instance, the law allows this earlier age of adulthood. In the
United States, children are sometimes treated as adults before the age of 18 in the prosecution
of serious felony cases.

What Rights Does a Child Have Under the Convention?

The following list summarizes important rights contained in the Convention on the Rights of
the Child: States may not discriminate against a child on the basis of “race, color, sex,
language, religion, political or other opinion, national, ethnic, or social origin, property,
disability, birth, or other social status” (Article 2, para. 1).
In all actions concerning children, the best interests of the child shall be a primary
consideration (Article 3, para. 1). The convention does not expressly define the term “best
interest,” but leaves the matter open to individual countries. However, states are expected to
follow established human rights principles in matters relating to children.
Parents and guardians have primary responsibility for the upbringing of their children but are
expected to carry out those responsibilities in a manner consistent with the evolving
capacities of the child (Article 5).
A child has the right to a name, nationality, and, as far as possible, to know and be cared for
by his or her parents (Article 7, para. 1).
A child has the right to maintain contact with both parents unless that contact is contrary to
the child’s best interest (Article 10, para. 2).
A child capable of forming his or her own views has the right to express those views with due
weight given to the age and maturity of the child (Article 12, para. 1).
A child has the right to “freedom of expression,” including the freedom to “seek, receive, and
impart information and ideas of all kinds” (Article 13, para. 1).
However, a state may restrict this right to protect the reputations of others and the national
security, public order, public health, or morals (para. 2).
A child has the right to be free from arbitrary or unlawful interference with his or her privacy,
family home, or correspondence (Article 16).

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A child has the right to adequate health care (Article 24); treatment for mental health (Article
25); social security (Article 26); adequate standard of living,including nutrition, clothing, and
housing (Article 27); and primary education (Article 28).
Education of a child shall include development of the child’s personality, talents, and mental
and physical abilities to their fullest potential (Article 29, para.respect for human rights
(1[b]); development of respect for the child’s parents, his or her own cultural identity,
language, and values, and his or her own country and other civilizations (1[c]); preparation of
the child for responsible life in a free society (1[d]); and development of respect for the
natural environment (1[e]).
A child has the right to rest and leisure, recreation, and participation in cultural and artistic
life (Article 31).
States must protect the child from hazardous work (Article 32), improper drug use (Article
33), sexual exploitation and abuse (Article 34), and abduction and sale of children (Article
35).
No child shall be subjected to torture or other cruel, inhuman, or degrading treatment or
punishment (Article 37[a]).
Neither capital punishment nor life imprisonment without possibility of release shall be
imposed for an offense committed by persons younger than 18 years of age (Article 37[a]).
States shall use all feasible measures to prevent children under the age of 15 from
participating in hostilities (Article 38, para. 2).
States shall take measures to protect children who are affected by armed conflict (Article 38,
para. 4).
A child has the right to be treated with dignity and worth during criminal proceedings against
the child (Article 40, para. 1).
The range of rights contained in the convention is broad and far reaching. While almost every
country has adopted the convention, respect for all these rights obvi ously raises issues.
Where are the resources to provide every child with adequate health care, including mental
health treatment, social security, and an adequate standard of living? Some countries would
have difficulties with these rights of the child. Also, does the convention give too much
freedom to a child? Under the convention, does a child have the right to tell his or her parents
to get lost if he or she gets angry? This interpretation of the convention seems too loose.

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Why doesn’t the United States adopt the convention, when almost every other country has?
Clearly, provisions requiring adequate health care and standard of living run afoul of U.S.
policies, as do the restrictions on juvenile executions.
Essentially, the failure of the U.S. Senate to adopt the convention illustrates (once again) the
reluctance of the Senate to adopt laws that would require a rethinking of the status quo. In the
meantime, the United States distances itself ever further from other countries in the area of
children and human rights.

Victims Of Racism As A Vulnerable Group

No violation of human dignity ranks as destructive as that of racism, which can manifest
itself from discrimination at the workplace to outright genocide. In 1978, the United Nations,
through its branch known as the UN Educational, Scientific and Cultural Organization
(UNESCO), addressed the problems associated with racism.
All human groups, whatever their composition or ethnic origin, contribute according to their
own genius to the progress of the civilizations and cultures.
However, racism, racial discrimination, colonialism, and apartheid continue to afflict the
world in ever-changing forms, a result of government and administrative practices contrary to
the principles of human rights. Injustice and contempt for human beings leads to the
exclusion, humiliation, and exploitation, or to the forced assimilation, of the members of
disadvantaged groups.8
Specific provisions to fight racism include recognition of the following:
All human beings belong to a single species and are descended from a common stock. They
are born equal in dignity and rights and all form an integral part of humanity (United Nations,
1978, Article 1, para. 1).
All individuals and groups have the right to be different, to consider themselves as different,
and to be regarded as such. However, the diversity of lifestyles and the right to be different
may not, in any circumstances, serve as a pretext for racial prejudice; they may not justify
any discriminatory practice, nor provide a ground for the policy of apartheid, which is the
extreme form of racism (para. 2).
Differences between achievements of the different peoples are entirely attribut able to
geographical, historical, political, economic, social, and cultural factors.

8
Richard Stone, Textbook on Civil Liberties & Human Rights, Oxford University Press, Oxford.

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Such differences can in no case serve as a pretext for any rank-ordered classifications of
nations or peoples (para. 5).
The purpose of these provisions is to make the point that no race or group may elevate itself
over another. Yet, from birth many people are taught to compare themselves to others from
different ethnic groups and countries, with a hidden or even open agenda of highlighting
superior traits. This type of education ensures the continuation of discrimination against other
people on the basis of being racially different

Persons With Disabilities as a Vulnerable Group

Another group receiving special protection within a human rights context is that of persons
with disabilities, including mental illness. In 1975, the United Nations adopted a declaration
on the rights of persons with disabilities. The declaration defines a person with a disability as
any person unable to ensure by himself or herself, wholly or partly, the necessities of a
normal individual and/or social life, as a result of deficiency, either congenital or not, in his
or her physical or mental capabilities (para 1).
Persons with disabilities are entitled to measures designed to enable them to become as self-
reliant as possible (para. 5), medical, psychological, and functional treatment, including
prosthetic and or the appliances (para. 6), medical and social rehabilitations, education,
vocational training and rehabilitation, counseling, placement services, and other services to
assist in social integration (para. 6), economic and social security and a decent level of living.
People with disabilities have the right to secure and retain employment or to engage in a
useful, productive, and remunerative occupation and to join trade unions (para. 7)live with
their families and to participate in all social, creative, or recreational activities (para.
9)protection against exploitation and treatment of a discriminatory, abusive, or degrading
nature (para. 10).

Persons With HIV-AIDS as a Vulnerable Group

The current prevalence of persons with HIV-AIDS has become a major concern the world
over (United Nations, 2004). This disease afflicts all parts of the world with particular
severity in sub-Saharan Africa and regions of Asia. Persons with HIV-AIDS often encounter
discrimination, especially because of the association with homophobia and prostitutes.

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In 2001, the United Nations adopted a resolution to combat AIDS. The resolution specified
goals to be met by various timelines. By 2003, countries proposed to develop national
strategies and financing plans that confront stigma, silence, and denial and eliminate
discrimination against people living with HIV-AIDS; and develop programs to prevent HIV-
AIDS and to treat those afflicted with the disease.9
By the year 2005, countries proposed to institute a wide range of prevention programs, aimed
at encouraging responsible sexual behavior, including abstinence and fidelity, and expanded
access to male and female condoms and sterile injecting equipment develop strategies to
provide access to affordable medicines to treat the disease, reach a target of annual
expenditures of between $7 billion and $10 billion in low- and middle-income countries for
care, treatment, and support for those with the disease (Neuffer, 2001, p. B8). Despite the
proposed goals to be met by 2005, “rates of [HIV/AIDS] infection are still on the rise in
many countries in Sub-Saharan Africa. Indeed, in 2003 alone, an estimated 3 million people
in the region become newly infected. Most alarm ingly, new epidemics appear to be
advancing unchecked in other regions, notably Eastern Europe and Asia” (United Nations,
2004, p. 8). Clearly, to ignore the extra ordinarily wide reach of the HIV problem would be
disastrous.

Older Persons As A Vulnerable Group

Persons aged 60 and older often find themselves in circumstances that render them less active
within society. At this time of their lives, many people begin to think about withdrawing from
employment and retiring. Income levels may drop off at retirement time and, in many
countries, the elderly often become dependent on children or other relatives. Attention to the
needs and care of the elderly can easily subside, as their presence becomes diminished within
the mainstream of society.
In addition, older persons may lose mental and physical capabilities, leaving them
vulnerable to financial, physical, and other types of exploitation.
In 1999, the United Nations issued a document known as Principles for the Older Person
(United Nations, 1999). The document emphasized that “priority attention” should be given
to the “situation of older persons” and referred specifi cally to five areas.
Independence—Older persons should have access to adequate food, water, shelter, clothing,
and health care through the provision of income, family and community support, and self-
9
Richard Stone, Textbook on Civil Liberties & Human Rights, Oxford University Press, Oxford.

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help. Older persons should have the opportunity to work and to participate in determining
when to retire. Older persons should be able to reside at home for as long as possible.
Participation—Older persons should remain integrated in society, participate actively in the
formulation and implementation of policies that directly affect their well-being, and share
their knowledge and skills with younger generations.
Older persons should be able to serve as volunteers in positions appropriate to their interests
and capabilities and to form associations.
Care—Older persons should benefit from family and community care and have access to
adequate and appropriate health care. Older persons should have access to social and legal
services to enhance their autonomy, protection, and care.
Self-fulfillment—Older persons should be able to pursue opportunities for the full
development of their potential. Older persons should have access to the educational, cultural,
spiritual, and recreational resources of society. Dignity—Older persons should be able to live
in dignity and security and be free of exploitation and physical or mental abuse.
As the population of the world continues to age, voices of the elderly will become ever louder
in respect to human rights. Because the vulnerability of old age afflicts every society,
recognition of human rights concerning the elderly may be the easiest to accomplish.

GAYS AND LESBIANS AS A VULNERABLE GROUP

The United Nations has yet to issue any human rights documents recognizing gays and
lesbians as a vulnerable group. Because the United Nations includes many countries that
discriminate against gays and lesbians for religious or cultural reasons, finding harmony on
this issue has been elusive. Countries may claim that homosexuality is against religion and
culture and therefore not entitled to protection under any human rights theory.
Certainly, however, the Universal Declaration of Human Rights contradicts discrimination
against gays and lesbians. After all, a major premise of that declaration states: “All people are
born free and equal in dignity and rights” (United Nations, 1948). Unfortunately, many
countries fail to attribute this premise to gays and lesbians. This issue will undoubtedly be a
major concern of human rights advocates in future years.10

10
R. P. Kataria & Salah Uddin, Commentary on Human Rights, Orient Publishing Company, Allahabad

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CONCLUSION

Some human rights advocates and critics dislike the separation of particular groups for
special treatment. This violates the notion that because human rights apply to everyone, no
individual or group merits special attention. In theory, that makes sense. In reality, however,
without providing additional protection to certain groups, it becomes too easy to discriminate
or otherwise exploit those groups. For that reason, human rights principles have created the
concept of vulnerable groups.

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