Vulnerability

Question 1

Blokhin v. Russia

Answer 1

Thirty-day placement of minor in detention centre for young offenders to ‘correct his behaviour’: violation of art 5

Question 2

Protocol 4, art. 4

Answer 2

Prohibition of collective expulsion of aliens

Question 3

Protocol 7, art. 1

Answer 3

Procedural safeguards relating to expulsion of aliens

Question 4

M.S.S. v. Belgium and Greece

Answer 4

Migrant considered vulnerable because of their experiences

Question 5

Vulnerable people/groups

Answer 5

Minors
Women
Minorities
Immigrants
Detainees
Disabled
Homosexuals

Question 6

Valentin Câmpeanu v. Romania

Answer 6

VC was considered extremely vulnerable, which might be the reason the court took the case under unusual circumstances

Question 7

Kyutin v. Russia

Answer 7

socially and historically excluded groups are considered vulnerable, the states margin of appreciation is narrowed when it comes to vulnerable groups. The state must have very weighty reasons for the restrictions of these groups.

Question 8

Criteria of vulnerability

Answer 8

• Social and historical context
  
  • must be treated differently because of the association to the vulnerable group
  • Harm-based:
    a) prejudice and stigma
    b) Social disadvantage and material deprivation

Question 9

Art. 5 (1) d-f

Answer 9

Examples of vulnerable people: Minors, unsound mind, alcoholics, drug addicts, vagrants