This article takes a closer look at intimate partner violence (IPV) and its semantical, political, and legal interactions with crisis and crisis discourse. Starting from the fact that IPV has been called a “shadow pandemic” and a “hidden crisis”, the article conceptualizes two parallel phenomena: how the COVID-19 pandemic — and crises in general — impact on IPV by exacerbating vulnerabilities and how crisis discourse has been mobilized to argue for a responsive state and strong positive obligations to combat and (...) reduce IPV. The article then draws a parallel between crisis discourse and vulnerability reasoning, analyzing how vulnerability has played a similar role within the case law of the European Court of Human Rights (ECtHR) and led the latter to develop a consistent strand of case law concretizing states’ positive obligations. The article also takes a critical stance, examining the risks of crisis discourse and vulnerability when viewed through a crisis lens. To counter these risks, it argues for a nuanced, structural, and dynamic understanding of vulnerability and a focus on resilience-building institutions and mechanisms. Within the ECtHR case law, this signifies elaborating upon the already existing positive obligations, including by taking inspiration from the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). Such an approach is necessary to leave behind the emergency time usually associated with crises and work toward lasting structural change. (shrink)

Although the harmful effects of climate change on human rights are well-recognized, the legal response to the climate crisis has been inadequate. This is particularly problematic as the crisis disproportionately affects vulnerable groups, which is exacerbated by a lack of effective remedies in contesting the adverse effects of climate change. The article argues that vulnerability theory offers a persuasive framing for rethinking what kind of remedies can be considered effective in the context of the climate crisis. A vulnerability theory approach (...) shows how vulnerability increased by the climate crisis is universal but differentially distributed. Effective remedies are an essential part of responding to this vulnerability. The article suggests that characteristics of an effective remedy include the ability to contest breaches of positive obligations, speediness, the ability to contest future harms, the ability to contest breaches of extraterritorial obligations, bindingness, and equality of standing. (shrink)

Recent work by emerging “vulnerability theorists” has imbued the concept of vulnerability with new meaning that promises novel theoretical and social insights; however, these insights remain threatened by the innate ambiguity of the notion of vulnerability. The negative connotation of this term, namely the propensity to experience wounding, pain and marginalization, coexists with its positive connotation of an openness to love, care and the creation of solidarity. In this paper, we argue that this ambiguity calls for a clarification in order (...) for the newly established positivity to be properly channeled to imagining new forms of inter-human relations. Specifically, we adopt the phenomenological lens of “exposedness,” drawn from Emmanuel Levinas, placing the notion of vulnerability at the horizon of the relatedness and dynamics among the triad of the “I,” the other, and the third. My vulnerability to the other as an exposedness to excessive responsibility is the pre-original signifyingness of inter-human relations, that is, as “for the other” before “for oneself.” The vulnerability of the other in the form of the relation of Eros will be differentiated from the vulnerability of the other as immediacy. The vulnerability of the third will be discussed from a socio-political perspective, where we will engage with Martha Fineman’s idea of universal vulnerability as a tool for social-political criticism, and further show how a Levinasian perspective on the third can address potential problems with Fineman’s proposals. (shrink)

In this paper I present a critical analysis of the English law relating to the safeguarding of vulnerable adults, in particular how the law impacts on the sexual lives of adult women with mental disabilities. I consider the discourses of vulnerability that surround the different legal regimes and whether the emerging theoretical vulnerability literature can assist in developing more nuanced legal responses. I argue that the inherent jurisdiction and Care Act 2014 provide an opportunity to move away from the focus (...) on inherent features of vulnerability such as mental disability towards a more nuanced, situational and embodied account of what it means to safeguard ‘vulnerable adults’. This has the potential to be developed in England through the new legal framework of the Care Act and can be achieved through targeting interventions against the situational causes of vulnerability, for example the perpetrators of sexual violence. (shrink)

This paper raises several concerns about vulnerability as an alternative language to conceptualize injustice and politicize its attendant injuries. First, the project of resignifying “vulnerability” by emphasizing its universality and amplifying its generative capacity, I suggest, might dilute perceptions of inequality and muddle important distinctions among specific vulnerabilities, as well as differences between those who are injurable and those who are already injured. Vulnerability scholars, moreover, have yet to elaborate the path from acknowledging constitutive vulnerability to addressing concrete injustices. Second, (...) vulnerability studies respond to, and have been shaped by, debates in the 1980s and 1990s over oppression, identity and agency. This genealogy needs to be acknowledged and evaluated. As I demonstrate, prominent theorists define vulnerability in contradistinction to victimization, adopting neo-liberal formulations of victims and victimhood. Finally, I turn to address the politics of vulnerability. At issue are not simply matters of utility or programmes for implementation, but the fraught relationship among ontology, ethics and politics, which I address through an engagement with Rancière's conception of the political and the case of the Black Lives Matter movement. (shrink)