MEDICINE AND LAW, vol.44, no.3, 2025 (ESCI, Scopus)
The concept of "vulnerability" has different meanings. In general vulnerable person is anyone below the age of 18 years (minors) and other individuals who may be unable to protect themselves from abuse and exploitation, which may be by reason of illness, age, mental illness, disability or other types of physical or mental impairment. Unaccompanied minors, disabled adults, elderly people, pregnant women, breastfeeding mothers, single parents with minor children and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence; convicts, war prisoners, migrants, refugees and asylum seekers, people from a low socio-economic status, people with low levels of education are vulnerable people. Minors are defined in several international Coventions: e.g., UN Convention on the Rights of the Child 1989; Council of Europe Convention on the Exercise of Children's Rights 1996. The Hague Protection of Adults Convention 2000, The Istanbul Convention 2011; UNESCO's Universal Declaration on Bioethics and Human Rights 2005 have protective measures. Oviedo Convention: Human Rights and Biomedicine 1997 does not use the term "vulnerable person", but protects "vulnerable people" such as persons not able to consent (minors who do not have the capacity to consent and adults not able to consent because of a mental disability, a disease or for similar reasons). GUMG, HFG, Transplantationsgesetz; Turkiye: Law No. 2238. EU Directive 2008/115/EG and Directive 2011/36/EU, and Directive 2013/33/EU protect the vulnerable persons. Republic of TUrkiye is a party of Child's Rights Convention and Oviedo Convention. They are integral parts of the current Turkish law. Furthermore, some national laws lay down protective measures for vulnerable people (Law on Organ Transplantation" No. 2238; Law on Child Protection 2005)