Fourth Laboratory | Reinterpreting the concept of ‘vulnerability’ within the European legal system

3rd May 2026

On 27 April, the Department of Law at the University of Ferrara hosted the final session of the We-frame laboratories (a series focused on the complex issues of gender equality). In this session, speakers and participants sought to provide a fresh perspective on vulnerability by critiquing institutional structures and redefining fundamental legal concepts.

Professor Thomas Casadei, who serves as the Director of the Centre for Research on Discrimination and Vulnerability (CRID) and Professor of Philosophy of Law at the University of Modena and Reggio Emilia, presented new theoretical frameworks for confronting structural inequalities as the keynote speaker. He argued for a fundamental shift in how the concept of vulnerability is perceived, noting that it should not be regarded as a ‘stigma’ or a fixed label for specific groups. Professor Casadei stated that “defining certain groups (such as women or minorities) as ‘inherently vulnerable’ is a dangerous practice,” as it can lead to paternalistic policies that strip them of their autonomy and dignity, and concluded that “we must move beyond these static labellings.”

Instead, he proposed the concept of ‘Vulnerability Vectors’. From this perspective, vulnerability is not a fixed state of weakness but rather a ‘critical position’ (or a ‘driving force’) that must compel institutions to transform unjust structures. Professor Casadei considered the shift in legal function, moving from ‘rigid protection’ to ‘active promotion’, as vital. As he stated, the duty of institutions is not merely to protect ‘the weak’ but to identify and remove structural barriers. He extended this critique to the academic environment, suggesting that scientific evaluation systems should not penalize researchers, mainly women, who have experienced a temporary decrease in productivity due to caregiving responsibilities. This reduction in productivity is a ‘vulnerability vector’ that the system must recognize and compensate for.

By reinterpreting Italian political history, Casadei called Article 3 of the Constitution the ‘guiding star’ of justice. He explained that this principle resulted from the lived experiences of women and partisans fighting during the war, describing it as a ‘Mobile Parameter’. He argued that “Article 3 of the Constitution is not a dry and static text, but rather a mobile classification of equality that has the capacity to include modern concepts (such as the rights of sexual minorities) even if they were not explicitly mentioned at the time of writing.”

Institutional critique of security and the production of vulnerability

An essential issue addressed in the session was the critique of institutions that, in the name of ‘ensuring security’, become sources of vulnerability themselves. Referring to the situation in prisons and temporary detention centres, Casadei revealed the paradox of modern institutions, stating that “we are facing institutions that, instead of resolving vulnerability, have themselves become sources of its production.” He added that “when non-violent protest in prisons is criminalised, we are actually ‘legislating for the production of vulnerability’.” Participants noted that in these spaces, the physical and legal structures destroy not only dignity but the five senses of the subjects, placing them in a state of absolute isolation.

The session then moved to the ‘Ethics of Care’ in legal systems. As Casadei mentioned, modern law has become excessively abstract and has forgotten the human ‘body’ and its material needs (such as ageing or illness). Furthermore, the collapse of intermediary institutions, including unions and social movements, was raised as a serious threat. He remarked that “in the past, belonging to a group was a tool for overcoming individual vulnerability,” and warned that “our crisis today is the collapse of these intermediary institutions, which has left the citizen alone and vulnerable against naked power.”

Global statistics presented during the session highlighted the catastrophic dimensions of vulnerability:

• 123 million displaced persons worldwide due to active conflicts.
• More than 614 million women and girls living in war zones.
• A 7.7 times higher probability of absolute poverty for women in war-torn areas compared to men.

Based on these statistics, vulnerability is closely connected to poverty, gender, and war, requiring structural global responses.

The morning session concluded that real equality is achieved only when the law accepts vulnerability not as a stigma but as part of a ‘shared human identity’ and a ‘driving force’ for justice.

Laboratory and future directions

In the afternoon session, a workshop was held in cooperation with the participants. Regarding the workshop, Silvia Pellino from the CDS stated that this session was the fourth and final workshop of the We-Frame project (which was designed around four main axes: Equality and Difference, Equality and the Body, Equality and Power, and finally Equality and Vulnerability). The word vulnerability is derived from the Latin root vulnus, meaning ‘wound’, based on the principle that all humans are vulnerable beings who can be socially harmed.

The session centered on two primary dimensions:

1. first, the Universal Condition, which (contrary to the common perception that limits vulnerability to specific groups) identifies it as a universal human condition that includes all individuals;
2. and second, the Impact of External Factors, where social complexities, unjust power distribution, and unforeseen crises (including war, illness, or economic instability) can place anyone in a vulnerable position.

In the fourth session, stakeholders, including associations, academics, and students, gathered to address these concepts through a ‘bottom-up’ approach.

While the fourth workshop concluded the equality series at the University of Ferrara, a synthesis of the project is scheduled for 6 and 7 May. Silvia Pellino noted that the future stages of the project have been mapped out to determine the path forward for strengthening rights and equality in the European Union. The CDS team will conduct a ‘semantic analysis’ of the data collected from all workshops, followed by a ‘synthesis and summary’ of the discussions. This process will ultimately lead to the ‘identification of priorities’, focusing on analyzing achievements, identifying obstacles to change, and proposing innovative ideas for social and legal structures.

The programme of workshops is organised as part of the WE Frame project by the partners CDS, the Department of Law at the University of Ferrara, Traces&Dreams, and Officine Europa.