‘Vulnerability’ in Decisions on International Protection in Austria: A Contribution to Equality?

Abstract Academic literature and policy papers have suggested that using the concept of vulnerability leads to more substantive equality, including in the context of asylum. Although vulnerability is not explicitly mentioned in qualification criteria for international protection, the concept has found its way into relevant jurisprudence of international courts such as the European Court of Human Rights (ECtHR) and into case law of Austrian courts. This article scrutinises the application of the vulnerability concept in Austrian court decisions on international protection, focussing on its role in legal reasoning and its impact on eligibility criteria for international protection. Using the conceptual lens of “racialisation”, the Austrian case study further aims to understand the impact of the vulnerability concept from an equality perspective. It concludes that Austrian courts’ utilisation of vulnerability in most cases has no added legal value. However, it risks neglecting an important aspect of equality: avoiding stereotyping and stigmatisation.