Kateřina Šimáčková
Author’s affiliation: Faculty of Law, Masaryk University Brno, Constitutional Court of the Czech Republic

On the concept of vulnerability in the Czech legal system and in the case law of the Constitutional Court in particular

Jurisprudence 5/2019 Section: Articles Page: 18–25

Keywords: vulnerability, specific vulnerability, constitutional review, proceedings on constitutional complaint, rights of persons with psychosocial disabilities, children’s rights

Abstract: In recent years, a new legal concept of vulnerability and specific vulnerability has been used to describe certain individuals when it comes to protecting their fundamental rights and freedoms. The concept of vulnerability first appeared in the Czech legal discourse – legal doctrine, legislation and case law – due to foreign inspiration. This article focuses, in particular, on the Czech Constitutional Court’s approach to the issue of vulnerability both in the proceedings on constitutional complaints and in constitutional review.