The Relationship between Human Rights and Disaster Risk Reduction Revisited: Bringing the Legal Perspective into the Discussion

Abstract

This paper explores the link between human rights and disaster risk reduction. We revisit the notion of a human rights-based approach in the context of natural disasters, analyzing how this concept may contribute to greater accountability and empowerment of those involved in disaster risk reduction. To better understand the processes of empowering rights holders and holding duty bearers into account we adopt legal analytical lenses. By doing so we review four country case studies and their main regulations on disaster risk reduction, taking into account the extent to which they adopt a human rights-based approach. We argue that countries whose legal frameworks allow for community engagement point towards greater community empowerment. Similarly, countries whose legal provisions make possible for holding States accountable for their underperformance in disaster situations suggest greater levels of accountability. We also consider key international human rights instruments binding the four case studies in order to analyze whether and to what extent international human rights obligations may support advocacy and accountability in disaster risk reduction. Based on the analysis of these case studies we consider that empowerment and accountability processes in drr can reinforce each other, and that human rights may contribute to progress in these areas.

Sendai Five Years on: Reflections on the Role of International Law in the Creation and Reduction of Disaster Risk

“…Turning to vulnerabilities and capacities, international human rights law is particularly relevant. Significant discussion has centered on a human rights-based approach to DRR, and the Sendai Framework highlights the importance of human rights in paragraph 19(c) (Enarson and Fordham 2001;Cubie 2014;da Costa and Pospieszna 2015;Lauta 2015Lauta , 2016Aronsson-Storrier 2017;Sossai et al 2018;Hesselman et al 2019). A human rights-based approach to DRR certainly has its merits.…”

Disasters: Core Concepts and Ethical Theories

“…Providing shelter is not charity, compassion or favor: it is a universal right. When a disaster takes place and relief is provided, governments can be held accountable (Da Costa and Pospieszna 2015).…”

Regulating disasters? The role of international law in disaster prevention and management

“…The reader will notice that all four contributions in the current special column relate to international human rights law. Although we will introduce each article in due course, the general explanation for this is simple: human rights are indeed an area of international law that has steadily developed in the last few decades, and while the relationship between human rights and disasters has lately received significant attention, from both legal practitioners and academics alike (Kälin and Dale, 2008;Carmalt and Dale, 2012;Sommario, 2012;Cubie and Hesselman, 2015;Da Costa and Pospieszna, 2015), it is clear that the issue warrants deeper and more extensive analysis. Considering the move from a needs-based to a human rights-based approach to disaster management, some have suggested that the protection from human rights violations in disasters is as important as the provision of relief.…”