Vulnerabilità e disabilità. Tra cautele protettive, rischi di stigmatizzazione e giusto processo

The identification of vulnerability, a rather recent concept in our legal system, represents a crucial, and often critical, step for the application of procedural protection measures, aimed at protecting those subjects involved in the process particularly exposed to strength of jurisdiction. The failure or incorrect identification of the fragile subject, in fact, risks inevitably compromising even the most efficient of legislative protection systems. Despite the undoubted operational difficulties, the individual assessment, a vulnerability assessment system, imposed by international sources, in its dynamic and case-based dimension, fits perfectly with the paradigm shift imposed by the biopsycho-psychological concept. social dimension of disability, implemented in our country with the recent Framework Law on Disability.