State and vulnerability

Abstract

Vulnerable subjects (individuals and groups), from asylum seekers to members of cultural and social minorities, the disabled, the elderly and women, have common but also specific needs for recognition and protection. This paper aims to discuss the constitutional State's attitude towards the vulnerability of individuals and groups in the context of a theory of justice that supports a State committed to human and fundamental rights and to human dignity, on the one hand, and “responsive” to vulnerability, on the other. This requires a complex understanding of equality, encompassing both equal and different protection norms, policies, and practices. However, in addition to the discussion on the possibilities of protection, the limits to this protection must also be addressed, namely those resulting from the protection of autonomy and human dignity.

Keywords

• vulnerabilidade
• proteção estadual
• igualdade e não-discriminação
• direitos fundamentais
• vulnerability
• state protection
• equality and non-discrimination
• fundamental rights