Human rights protection and disasters – Database

GENERAL OVERVIEW

The digital database “Human Rights Protection and Disaster” has been developed in the period October 2014 – January 2015 and collects relevant practice of international and regional human rights bodies dealing with natural and technological disasters and their impact on the enjoyment of relevant human rights. It has been elaborated by Tommaso Natoli under the coordination of the scientific responsible of the local Roma Tre Unit (Giulio Bartolini)

STRUCTURE

The database is organised in two main sections (Universal system/Regional system) each of which comprises several subsections referring to single bodies/entities/procedures dealing with HR protection. Currently more than 120 documents (i.e. judgments, general comments, concluding observations on reports by States) have been inserted and hyperlinked (88 for universal system, 40 for regional systems). Any single voice specifies date, code, type of disaster and a summary of the main relevant HR issues. The research has been conducted surveying the digital archives of the relevant entities, both by the use of keywords (when possible) and by manual research.

INFO  tommaso.natoli@uniroma3.it

 


 

UNIVERSAL SYSTEM

Committee on Economic, Social and Cultural Rights

DOCUMENT
CODE
DATE
DISASTER
ISSUES and RIGHTS
E/C.12/JPN/CO/3
10 June 2013
Great East Japan Earthquake and the Fukushima nuclear accident (2011)
Issues: recommendations on the adoption of a human rights-based approach to disaster response, risk mitigation and reconstruction efforts, non-discrimination in disaster management plans; specific needs of disadvantaged and vulnerable groups; transparency on information on potential hazards and on the safety of nuclear power installations and preparedness to nuclear accidents.

Rights: to health; to not be discriminated; to be informed.

E/C.12/GC/19
4 Feb. 2008
General
Issues: physical access to social security services for persons living in remote or disaster-prone areas; natural disaster insurance for disadvantaged and marginalized groups; capacity of the social security system to respond in times of emergency.

Right: to social security;

E/C.12/MAR/CO/3
4 Sep. 2006
Al Hoceima earthquake (2004)
Issues: recommendations on providing assistance to earthquake victims, particularly women and children, and to take preventive action to ensure that housing is built in accordance with the rules applicable to earthquake-prone areas; recommendations on efforts to rehouse the disaster-struck population of Al-Hoceima;

Rights: to humanitarian assistance; to adequate housing; to a safe environment;

E/C.12/2002/11
20 Jan. 2003
General
Issues: special attention in the provision of water for victims of natural disasters persons living in disaster-prone areas; protection of drinking water installations and supplies and irrigation works in emergency situations; provision of aid and adequate water for disaster relief in other countries; role of IGOs in distribution and management of water and water facilities;

Right: to water.

E/C.12/2000/4
11 Aug. 2000
General
Issues: creation of a system of urgent medical care in cases of of accidents, epidemics and similar health hazards, provision of disaster relief and humanitarian assistance; international responsibility to cooperate in providing disaster relief and humanitarian assistance in times of emergency; role of IGOs in disaster relief activities.

Rights: to health, to humanitarian assistance, of Refugees; of IDPs.

E/C.12/1999/5
12 May 1999
General
Issues: priority consideration of victims of natural disasters and people living in disaster-prone areas with respect to accessibility and provision of food; state’s obligation to take the necessary action to mitigate and alleviate hunger even in times of natural or other disasters.

Right: to adequate food.

E/C.12/1991/4 (Ann. III)
13 Dec. 1991
General
Issues: housing law and policy related to victims of natural disasters, people living in disaster-prone areas.

Right: to adequate housing;

Committee on the Elimination of Discrimination Against Women

DOCUMENT
CODE
DATE
DISASTER
ISSUES and RIGHTS
CEDAW/C/CHL/CO/5-6
12 Nov. 2012
Earthquake and Tsunami (2010)
Issues: information about impact of disaster on the social and economic situation of women; integration of a gender perspective in programmes and strategies in response to disasters;

Rights: of women. 

CEDAW/C/JAM/CO/6-7
6 Aug. 2012
General
Issues: effects of disaster on rural women condition; comprehensive gender analysis in the development and implementation of policies and programs on disaster preparedness and response to natural disasters.

Rights: of women.

CEDAW/C/GRD/CO/1-5
23 March 2012
General; Hurricane Ivan and Hurricane Emily
Issues: Vulnerability of rural women; comprehensive gender analysis in the development and implementation of policies and programs on disaster preparedness and response.

Rights: of women.

CEDAW/C/GC/27
16 Dec. 2010
General
Issues: impact of natural disasters on women condition, especially older women; State parties’ obligations, legal provisions, policies and interventions related to the condition of women in the face of natural disasters.

Rights: of women

CEDAW/C/TUV/CO/2
7 Aug. 2009
General (Rise of the Sea, Climate change)
Issues: Lack of disaster management and mitigation plans; Integration of gender perspective in planning processes.

Rights: of women

CEDAW/C/IDN/CO/5  
10 Aug. 2007
Indian Ocean Tsunami (2004)
Issues: socio-economic conditions of women; access to legal protection, health care and education of women; involvement of women in the in decision-making processes; Legislation on disaster management

Rights: to not be discriminated (women); to health, to adequate clothing, housing and safety needs (women)

A/59/38(SUPP)
Oct. 2004
Chernobyl nuclear plant disaster (1986)
Issues: impact of the disaster on women’s health; measures to uphold womens’ conditions and assist the victims.

Rights: to health (women and children)

A/55/38(SUPP)
17 Aug. 2000
Chernobyl nuclear plant disaster (1986)
Issues: impact of the disaster on women’s health; measures to uphold womens’ conditions and assist the victims.

Rights: to health (women and children)

Committee on the Elimination of Racial Discrimination

DOCUMENT
CODE
DATE
DISASTER
ISSUES and RIGHTS
CERD/C/USA/CO/6
8 May 2008
Hurricane Katrina (2005)
Issues: disparate impact that the effects of the hurricane Katrina continue to have on low-income African American residents, many of whom continue to be displaced after more than two years after the disaster; consultation and participation of persons displaced by Hurricane Katrina in the design and implementation of all decisions affecting them.

Right: of not to be discriminated; to adequate housing.

Committee on the Rights of Persons with Disabilities

DOCUMENT
CODE
DATE
DISASTER
ISSUES and RIGHTS
CRPD/C/AUS/CO/1
21 Oct. 2013
General
Issues: involvement and inclusion of people with disabilities in the national emergency plans elaboration and implementation schemes.

Right: of the people with disabilities.

Committee on the Rights of the Child

DOCUMENT
CODE
DATE
DISASTER
ISSUES and RIGHTS
CRC/C/15/ADD.213
10 Jul. 2013
Shrinking of the Aral Sea and the radioactive contamination at the Semipalatinsk nuclear testing facility
Issues: access to safe water, lack of food security; hazards for the population; long term health and psychosocial consequences of the affected population.

Right: to health (children)

CRC/C/GC/15
17 Apr. 2013
General
Issues: possible measures to ensure that children affected by humanitarian emergencies, including those resulting in large-scale displacements due to natural or man-made disasters, have uninterrupted access to health services, appropriate international medical aid.

Right: to health (children)

CRC/C/MDG/CO/3-4
8 Mar. 2012
General (Hurricanes and Typhoons)
Issues: Allocation of resources; protection of strategic budgetary lines in general and sectoral allocations for children in disadvantaged or vulnerable situations.

Rights: of children (general)

CRC/C/BLR/CO/3-4
8 Apr. 2011
Chernobyl nuclear plant disaster (1986)
Issues: negative consequences of the disaster on the health of children; early detection and prevention of diseases related to nuclear contamination.

Right: to health (children).

CRC/C/GTM/CO/3-4
25 Oct. 2010
Tropical storm Agatha (2010) and Pacaya volcano eruption (2010).
Issue: Allocation for resources; strategic budgetary lines for social measures.

Right: of the child (general)

CRC/C/GRD/CO/2
22 Jun. 2010
Hurricane Ivan (2004); Hurricane Emily (2005)
Issues: Realization of natural disaster preparedness programmes and policies, coordination with regional and international partners.

Right: of the child (general).

CRC/C/DJI/CO/2
7 Oct. 2008
General
Issue: Inclusion of emergency and disaster preparedness in school curricula.

Right: of the child (general).

CRC/C/MDV/CO/3
13 Jul. 2007
Indian Ocean tsunami (2004)
Issue: economic and social difficulties affecting children’s lives.

Right: of the child (general).

CRC/C/MYS/CO/1
25 Jun. 2007
Indian Ocean tsunami (2004); Flooding of Johor, Pahang and Sabah
Issues: provision of long-term psychosocial support; counseling and psychotherapy for children and their families.

Right: to health (children)

CRC/C/KAZ/CO/3
19 Jun. 2007
Aral Sea ecological disaster and Semipalatinsk Nuclear Test Area
Issues: negative impact on children’s health.

Right: to health (children).

CRC/C/UZB/CO/2
2 Jun. 2006
Aral Sea ecological disaster
Issues: health and development of children; use of pesticides in agricolture; extreme poverty.

Right: to health (children); to safe water (children).

CRC/C/THA/CO/2
17 Mar. 2006
Indian Ocean Earthquake and Tsunami (2004)
Issue: difficulties in the application of the Convention

Right: of the child (general).

CRC/C/15/ADD.192
31 Oct. 2002
Chernobyl nuclear plant disaster (1986)
Issues: Data Collection and analysis.

Right: to health (children)

CRC/C/15/ADD.191
9 Oct. 2002
Chernobyl nuclear plant disaster (1986)
Issues: long term health and psycho-social consequences of the disaster; chemical pollutants in the atmosphere and food products; noise pollution.

Right: to health (physical and psychosocial aspects); to a safe environment (children). 

CRC/C/15/ADD.180
13 Jun. 2002
Chernobyl nuclear plant disaster
Issues: data collection and information children’s conditions; health environment.

Rights: to health (Children)

CRC/C/15/ADD.167
7 Nov. 2001
Aral Sea Disaster
Issues: access to safe water; food security, exposure to toxic chemicals and other hazards.

Right: to health (children)

CRC/C/15/ADD.135
16 Oct. 2000
Eruption of the Soufriere Hills volcano in Montserrat
Issues: assessment of psychological impact of the disaster on children; restoration of programmes and services for children; situation of the Internally Displaced Children.

Right: to an adequate standard of living (children).

Human Rights Committee

DOCUMENT
CODE
DATE
DISASTER
ISSUES and RIGHTS
CCPR/C/USA/CO/3/ Rev.1
18 Dec 2006
Hurricane Kathrina (2005)
Issues: disadvantage of the poor, and in particular African-Americans, in the rescue, evacuation and reconstruction plans.

Rights: to not be discriminated, to life, to adequate housing; to healthcare; to education

CCPR/CO/84/THA
8 July 2005
Indian Ocean Tsunami (2004)
Issues: Humanitarian assistance, migrant worker legislation.

Rights: to not be discriminated; of migrant workers

CCPR/C/84/Add.2
27 Sep. 1994
General
Issues: measures to reduce the number of victims of natural disasters; agreement with Ukraine and Kazakhstan to reduce the risk of nuclear disaster; restrictions to the liberty of movement in environmental disaster zones; Rights: to life, to liberty of movement

 

Human Rights Council (Commission on Human Rights)

DOCUMENT
CODE
DATE
DISASTER
ISSUES and RIGHTS

 

A/HRC/28/76
10 Feb. 2015
General
Issues: best practices and main challenges in the promotion and protection of human rights in post-disaster and post-conflict situations.

Rights: general.

A/HRC/28/82
9 Feb. 2015
Haitian Earthquake (2010)
Issues: resettlement of the people displaced by the 2010 earthquake who are still living in camps; protection of IDPs.

Rights: general; to adequate housing; to decent living conditions; of IDPs.

A/HRC/27/57
11 Aug. 2014
General
Issues: best practices and main challenges in the promotion and protection of human rights in post-disaster and post-conflict situations.

Rights: general.

A/HRC/24/39/Add.1,2
6 Sep. 2013
Ajka alumina plant accident (2010)
Issues: institutional and legislative framework in disaster management (protection of vulnerable categories); human rights & toxic wastes; civil society and post-disaster reconstruction; disaster training programmes.

Rights: to health; to an effective remedy; to an adequate housing, to property; to information and participation.

A/HRC/23/41/Add.3
31 Jul. 2013
Fukushima Dai-ichi nuclear power plant accident (2011)
Issues: nuclear emergency response and management plans; health effects of the nuclear accident; transparency and accountability; compensation and relief measures; participation and needs of vulnerable groups and affected communities.

Rights: to health (to mental health); to an effective remedy; to an adequate reparation and compensation.

A/HRC/RES/22/16
10 Apr. 2013
General
Issues: best practices and main challenges in the promotion and protection of human rights in post-disaster and post-conflict situations.

Rights: general.

A/HRC/RES/20/9
17 July 2012
General
Issue: rights of IDPs.

Rights: general.

A/HRC/19/54/Add.2
6 Feb. 2012
General (Temperature variations, environmental degradation, increased variability in rainfall, and global warming).
Issues: disaster management policies and strategies; disaster relief and rehabilitation programmes; IDPs protection; legislative, policy and institutional frameworks.

Rigths: of IDPs.

A/HRC/19/54/Add.1
30 Jan. 2012
Indian Ocean Earthquake and Tsunami (2004); General (Climate change, Rising sea levels)
Issues: disaster risk reduction and adaptation strategies and legislation; disaster management systems, laws and policies; human rights-based approach in post-disaster reconstruction; consultation and needs of concerned communities and vulnerable groups such as women, children, elderly and persons with disabilities; food security; disaster risk reduction, needs of IDPs; legislation on disaster management.

Rights: of IDPs, to adequate housing, to safe water, to health, to an adequate standard of living.

A/HRC/RES/19/4
3 Apr. 2012
General
Issues: respect, protection and fulfilment of the right to adequate housing in the context of post-disaster settings.

Rights: to adequate housing

A/HRC/19/63
21 Dec. 2011
General (Hurricanes and Typhoons)
Issues: children’s vulnerability in natural disasters; protection of children from sale and sexual exploitation following humanitarian crisis due to natural disasters.

Rights: of children (general)

A/HRC/19/34
16 Dec. 2011
General
Issue: relation between disasters and environmental threats to human rights.

Rights: General.

A/HRC/18/48
29 Aug. 2011
Drought (2011)
Issues: effects of drought and famine on Somali population.

Rights: general.

A/HRC/17/42
4 Apr. 2011
Haitian Earthquake (2010)
Issues: impact of the Earthquake on the human rights of Haitians, Internally Displaced Persons; violence against women and children; orphans, children separated from their families and domestic servants; question of forced return; performance of the judicial authorities and the police; prison system; situation of persons with disabilities.

Rights: of vulnerable categories (women, children, persons with disabilities, IDPs); to justice; general.

A/HRC/16/42
20 Dec. 2010
General
Issues: integration of human rights standards in post-disaster and post-conflict reconstruction processes; security of tenure, consultation and participation, and institutional coordination.

Rights: to adequate housing;

A/HRC/13/21/Add.2
21 Jan. 2010
Torrential rainfalls (2009), General (drought; flooding);
Issues: assistance projects for affected populations; recovery and development efforts in disaster-affected areas; food security; needs of persons displaced by natural disasters, in particular pastoralists and nomads.

Rights: of IDPs.

A/HRC/13/20/Add.3
11 Jan. 2010
General; Indian Ocean Tsunami (2004); climate change; rising sea level.
Issues: adequate housing in post disaster reconstruction, increase in the price of construction materials; human rights-based approach, consultation and participation of concerned communities; need to rethink hard engineering projects, including construction of roads between islands and land reclamation.

Right: to adequate housing, to life, to health. 

A/HRC/10/13/Add.1
5 Mar. 2009
General
Issues: specific protection needs of persons displaced by natral disasters.

Rights: of IDPs

A/HRC/10/61
15 Jan. 2009
Weather-related disasters
Issues: relations between climate change, weather-related disasters and protection of human rights.

Rights: to life, to adequate food, to water, to health, to adequate housing, to self-determination, of specific groups (women, children, indigenous people.

A/HRC/11/36/Add.3
28 Apr. 2009
Hurricane Katrina (2005)
Issues: measures taken in the aftermath of Hurricane Katrina and possible racial bias in reconstruction efforts in its aftermath; housing discrimination; disparate effects of Katrina on racial or ethnic minorities

Rights: to not be discriminated, to adequate housing.

A/HRC/10/18
24 Feb. 2009
Floods (2006-2007)
Issues: acceptance of humanitarian assistance from foreign NGOs; disaster relief and preparedness reforms; promotion of food security-related measures; people’s participation in disaster preparedness.

Rights: general

A/HRC/8/10
20 May 2008
General
Issues: consequences for school infrastructure, teaching and the educational opportunities for the children living in disaster-prone regions; effects of education in mitigating the psychosocial impact of disasters by giving a sense of normality, stability, structure and hope during a time of crisis; training in disaster prevention.

Rights: to education; of the children

A/HRC/7/12/ADD.2
5 Mar. 2008
Hurricane Katrina (2005); General.
Issues: services and infrastructure in disaster-affected communities; needs of migrant workers facing substandard housing and homelessness, wage theft, unsafe working conditions and health issues.

Rights: of migrant workers; to an adequate housing and work conditions.

E/CN.4/2006/43/Add.1
27 Mar. 2006
Hurricane Katrina (2005); General.
Issues: vulnerability of extremely poor people in the event of disaster; inadequacy of autorities’ pre-planning and post-disaster response with particular regard to groups of the poor who had no transport or money and who were old, infirm and with medical conditions;  lack of information regarding relief support provided by the Government.

Rights: general.

E/CN.4/2006/41/Add.2
21 Mar. 2006
Earthquake (general); Bam earthquake (2003)
Issues: preventive measures undertaken in disaster-prone areas, improvement of housing conditions in post disaster reconstruction and prevention, governmental programmes with direct or indirect impact on housing rights, improvement of the living conditions in the survivor camps in Bam and accelerate the reconstruction efforts in the city.

Rights: to an adequate standard of living; to adequate housing.

HRC - Universal Periodic Review

DOCUMENT
CODE
DATE
DISASTER
ISSUES and RIGHTS
A/HRC/27/14
7 July 2014
General
Issues: recommendation of Maldives on addressing issues of environmental degradation and disaster management, in order to ensure the protection of the environment.

Rights: general.

A/HRC/27/10
2 July 2014
General
Issues: adoption of legislation on preventing and mitigating natural disasters; recommendation of Nicaragua to share with others the country’s experiences in disaster risk management.

Rights: general.

A/HRC/27/8
1 July 2014
General
Issues: recommendation of Solomon Island on proposals for capacity development assistance in disaster management; recommendations of Uganda and Maldives on technical assistance in disaster management and preparedness.

Rights: general.

A/HRC/24/12
8 July 2013
General
Issues: recommendation of Holy See on the of the access to food, water and sanitation for the population given the country’s exposure to natural disasters; recommendation of Sierra Leone on the continuing revisions of disaster management plans in order to protect the poorest sectors of the population.

Rights: general.

A/HRC/24/16
8 July 2013
General
Issues: recommendation of Yemen and Oman on the development of national information and education strategy encouraging a culture of disaster risk reduction and perception; recommendation of Haiti, Sierra Leone and Kuwait on the protection of the right to life in the fight against disasters and on the sharing of experiences with the countries; recommendation of Bangladesh on the support to countries requesting assistance; recommendation of China on strengthening the capacity to counter natural disasters;

Rights: to life; general.

A/HRC/24/8
5 July 2013
General
Issues: recommendation of Mexico on the formulation, in cooperation with regional and United Nations mechanisms, of a plan for the management and mitigation of natural disasters which includes potential mass displacements of the population.

Rights: general.

A/HRC/22/12
26 Dec. 2012
General
Issues: recommendation of Libya on strengthening measures aimed at providing protection and assistance to vulnerable segments of society, including those children affected by natural disasters to protect them from trafficking and exploitation at work.

Rights: general.

A/HRC/22/14
14 Dec. 2012
General
Issues: recommendation of Paraguay on continuing the strengthening of the concept of “disaster reduction” as an issue to be considered in decision-making at the national, local and community levels, to ensure the human safety of vulnerable populations;

Rights: general.

A/HRC/21/12
9 July 2012
General
Issues: initiatives undertaken by the country in disaster response (shelter), disaster risk reduction and disaster mangement; recommendation of Trinidad and Tobago on continuing the promotion of the protection of the rights of specific vulnerable groups such as those affected by natural disasters

Rights: general.

A/HRC/18/5
11 July 2011
General
Issues: recommendation of Mexico on drawing up a plan to manage and mitigate natural disasters together with the regional mechanisms and the United Nations, taking into account the possible large-scale internal and international displacement of population.

Rights: General.

A/HRC/17/17
28 Mar. 2011
General
Issues: recommendation of Malaysia on continuing a close cooperation and support for the activities of United Nations Office for the Coordination of Humanitarian Affairs (OCHA), United Nations Disaster Assessment and Coordination (UNDAC) team, and the International Committee of the Red Cross (ICRC), among others.

Rights: general.

A/HRC/17/9
24 Mar. 2011
General
Issues: recommendation of Malaysia on continuing a close cooperation and support for the activities of United Nations Office for the Coordination of Humanitarian Affairs (OCHA), United Nations Disaster Assessment and Coordination team (UNDAC) , and the International Committee of the Red Cross (ICRC), among others.

Rights: general.

A/HRC/17/3
8 Mar. 2011
General
Issues: recommendation of Chile and United Kingdom on developing regional mechanisms, a mitigation and management plan for disasters, with a human rights approach and rights-based national action plan that provides a framework to address the challenges of climate change.

Rights: general.

A/HRC/16/14
4 Jan. 2011
General
Issues: recommendation of Morocco on reflecting on ways and means to address the obstacles and challenges that still affect Jamaican society, in particular the country’s extreme vulnerability to natural disasters.

Rights: general.

A/HRC/16/7
4 Jan. 2011
General
Issues: recommendation of Finland on post-disaster reconstruction measures, human-rights-based approach in the adaptation to climate change, consultations with the concerned local communities, special attention and involvement of women, children and persons with disabilities.

Rights: general.

A/HRC/16/11
4 January 2011
General; climate change
Issues: recommendation of Nicaragua on taking positive steps in regard to climate change, by assuming the responsibilities arising from capitalism that have generated major natural disasters particularly in the most impoverished countries; recommendation of Morocco on persevering in the strengthening of country’s aid to development, in particular the assistance and relief in case of natural disasters.

Rights: general.

A/HRC/15/15
16 June 2010
General
Issues: recommendation of Egypt on continuing to fulfil the country’s pioneering role in providing humanitarian assistance in cases of natural disasters so as to assist the victims, in particular in the developing and least developed countries

Rights: general.

A/HRC/14/5
18 Mar. 2010
General
Issues: recommendation of Algeria on continuing to implement the recommendation of the Committee on Economic, Social and Cultural Rights on the adoption of a national plan for land management in accordance with applicable construction norms in areas exposed to risks of natural disasters

Rights: general.

A/HRC/13/12
4 Jan. 2010
General
Issues: recommendation of Algeria on the improvement of technical and financial assistance from the international community, in particular the United Nations programmes and institutions, to help it overcome the challenges posed by State’s vulnerability to natural disasters.

Rights: general

A/HRC/13/13
4 Jan. 2010
General
Issues: Algeria reference on difficulties in realizing the right to food, including for children suffering from malnutrition, due to natural disasters and famine; Mexico acknowledgement of progresses achieved on health, education and gender equality in employment despite natural disasters.

Rights: to food; General.

A/HRC/11/18
5 Oct. 2009
General
Issues: Recommendation of Algeria, Buthan and Palestine on the impact of natural disasters and climate change and human rights; strengthening of disaster management programmes;

Rights: general.

A/HRC/12/11
5 Oct. 2009
General
Issues: Recommendation of Syria on improvement of natural disaster management and protection of vulnerable groups;

Rights: general.

A/HRC/12/14
4 June 2009
General
Issues: recommendation of Philippines on seeking to build up the country’s capacities to effectively respond to natural disasters and adapt to the challenges brought about by climate change, with the support and cooperation of the international community.

Rights: general.

A/HRC/11/22
3 Mar. 2009
General
Issues: recommendation of Dominican Republic; Bangladesh; and Honduras on sharing and transfer of its experiences and good practices in preparedness to prevent and response to mitigate the impact of hurricanes and other natural disasters, and its achievements in consolidating a civil defence system.

Rights: to life; general.

A/HRC/8/46
5 June 2008
General
Issues: recommendation of Algeria on Disaster risk management and Human Rights.

Rights: general.

REGIONAL SYSTEMS

African Commission on Human and Peoples' Rights

DOCUMENT
CODE
DATE
DISASTER
ISSUES and RIGHTS
State Report – 16th Extraordinary Session
15 Aug. 2014
General
Issues: national plans, policies and legislative measures in response to disasters.

Rights: to food; to adequate housing.

State Reports-  55th Ordinary Session
16 May 2014
General
Issues: policy and strategy framework on disaster prevention and disaster risk management.

Rights: human rights and disasters; of IDPs.

State Reports – 15th Extraordinary Session
3 May 2014
General
Issues: national policy on risk and disaster management; assistance to disaster victims; health policy;

Rights: general; of refugees; of IDPs; to health; to family life.

State Reports 54th Ordinary Session
25 Sep. 2013
General
Issues: disaster response mechanism;

Rights: human Rights and disasters

State Reports  14th Extra Ordinary Session
12 September 2013
General
Issues: national policies and measures in response to disasters; national emergency management measures.

Rights: to health; to food.

Mission Reports – 14th Extraordinary session
25 Aug. 2013
General
Issues: national plans, institutional and legislative measures in response to disasters.

Rights: of refugees; of IDPs; to property.

State Reports 14th Extraordinary Session
19 July 2013
General
Issues: national plans, policies and legislative measures in response to disasters.

Rights: of refugees; to adequate housing.

State Reports 53rd Ordinary Session
25 April 2013
General
Issues: measures related to the Diola boat disaster victims; food assistance.

Rights: general. 

State Reports 54th Ordinary Session
11 Apr. 2013
General
Issues: disaster management; disaster prevention.

Rights: human rights and disasters

State Reports – 52nd Ordinary Session
4 Jul. 2012
General
Issues: governmental initiatives on disaster prevention; establishment of an environmental monitoring system.

Rights: human rights and disasters

State Reports 51st Ordinary Session
01 Dec. 2011
General
Issue: definition of refugee as victim of natural disasters.

Rights: of refugees.

State Reports – 51st Ordinary Session
24 September 2011
General
Issues: civil protection legislative framework; food assistance during natural disasters and emergency situations. Rights: human rights and isasters; to food.
State Reports – 50th Ordinary Session
1 Sep. 2010
General
Issues: national plans, policies and legislative measures in response to disasters.

Right: to property.

47th Ordinary Session
12-26 May 2010
General
Issue: negative impact of natural disasters upon respect for human rights.

Rights: general (human rights and disasters)

State Reports 46th Ordinary Session
15 Nov. 2008
General
Issues: national policies and measures in response to disasters; food security; protection of cultural heritage against man-made and natural disasters; effects of natural disasters on vulnerable groups; declaration of state of emergency.

Rights: general; to food; to family life; of women

African Court on Human and Peoples' Rights

European Court of Human Rights

DOCUMENT
CODE
DATE
DISASTER
ISSUES and RIGHTS CONCERNED
App. n. 14350/05 et al.
17 Nov. 2015
Earthquake in Çınarcık (17 Aug. 1999)
Issues: the case concerned the compliant by turkish nationals concerning a breach of their relatives’ right to life, killed by the collapse of the buildings in which they lived. The collapse was caused by the earthquake and by the deficient materials used in their construction. Under Articles 6 (right to a fair hearing) and 13 (right to an effective remedy) they also complained of a lack of fairness in the criminal proceedings and the excessive length of the proceedings, together with a lack of effective remedies. Relying on Article 1 of Protocol No. 1 (protection of property), the applicants also alleged that there had been an interference with their property rights.

Right: to life, to a fair hearing, to an effective remedy, to protection of property.

App. N. 20701/09
15 May 2012
Heavy rains and floods in Topolnitsa Dam (2006)
Issues: the case concerned the compliant by a bulgarian national whose house was flooded after a river broke its banks due to heavy rain. The applicant brought an action in damages against the Ministry of Environment and Waters and the regional governor alleging a failure to clean the riverbed, build protective facilities and put in place monitoring or a warning system. The administrative courts dismissed her claim as inadmissible.

Right: to protection of property.

App. N. 17423/05 et al.
28 Feb. 2012
Floodings in Pionerskoye (2001)
Issues: the case concerned the complaint by victims of a flash flood in Vladivostok in 2001 who alleged that the authorities were responsible for the flood and that there had been no adequate judicial response to it.

Rights: to life; to respect to private and family life; to property; to an effective remedy; to peaceful enjoyment of possessions.

App. N. 15339/02 et al.
20 Mar. 2008
Tyrnauz mudslides (2000)
Issues: the case concerned the applicants’ allegations that the Russian authorities failed to heed warnings about the likelihood of a large-scale mudslide devastating Tyrnauz in July 2000, to warn the local population, to implement evacuation and emergency relief policies or, after the disaster, to carry out a judicial enquiry.

Rights: to life; to property; to an effective remedy; to private life, to family life and privacy; to adequate housing; to correspondence.

App. N. 58771/00
3 May 2007
Rockslide in  Asansör (1962)
Issues: the case concerned proceedings in which Mr Amato’s request for compensation on account of the unlawful demolition of his house had been refused, after that the area in which the house was built had been declared disaster-prone.

Rights: to property;  to the peaceful enjoyment of possessions; to a fair trial.

App. N. 5407/06
23 Jan. 2006
Flooding in Zaliznychne (2006)
Issues: the case concerned the resettlement of the residents of flooded houses in Zaliznychne village and the conditions of alternative accomodation for the applicant and his family.

Rights: to a fair trial; to an effective remedy; to respect for private and family life.

App. N. 48939/99
30 Nov. 2004
Methane explosion in Ümraniye (1993)
Issues: the case originated in an application against the Republic of Turkey by two Turkish nationals who submitted that the national authorities were responsible for the deaths of their close relatives and for the destruction of their property as a result of a methane explosion on 28 April 1993 at the municipal rubbish tip in Ümraniye (Istanbul), and that the administrative proceedings conducted in their case had not complied with the requirements of fairness and promptness set forth in Article 6 § 1 of the Convention.

Rights: to life; to a fair trial; to an effective remedy; to respect for private and family life; to peaceful enjoyment of property and possessions.

App. N. 41984/98
9 Nov. 2004
Chernobyl disaster (1986)
Issues: the applicant complained about the length and fairness of the proceedings concerning her rights to receive social benefits and a pension as a Chernobyl relief worker.

Rights: to a fair trial; to protection and peaceful enjoyment of property and possessions.

App. N. 14967/89
2 Feb. 1998
Intense environmental pollution and major-accident hazards related to the activity of a chemical factory in Manfredonia district (1988)
Issues: case concerning the request of the applicant to recognize that the lack of practical measures, in particular to reduce pollution levels and major-accident hazards arising out of the factory’s operation, infringed their right to respect for their lives and physical integrity. They also complained that the relevant authorities’ failure to inform the public about the hazards and about the procedures to be followed in the event of a major accident infringed their right to freedom of information.

Rights: to life, to freedom of expression, to receive information, to respect for private and family life.

I. v. Italy (Commission decision – Inadmissible)
App. N. 11381/85
3 Mar. 1986
Earthquakes in Campania region(1980; 1984)
Issues: admissibility of a case concerning the request of the applicant to give execution of an eviction order suspendend by emergency legislative measures undertaken by the Italian government, and preventing him to use a flat of his property.

Rights: to protection and peaceful enjoyment of property and possessions.

Inter-American Commission of Human Rights

DOCUMENT
CODE
DATE
DISASTER
ISSUES and RIGHTS
OEA/Ser.L/V/II. Doc. 48/13
30 Dec. 2013
General
Issues: effects of natural disasters on migration flows in Mexico;

Rights: of migrants, of IDPs

Case: Luís Mazón and Workers in the Ministry of Health Vs Ecuador
Rep. n° 41/12 – Petition 12.364 – Decision to archive
20 Mar. 2012
General
Issues: Ecuador claimed circumstances of force majeure which took place in 1999, among which natural disasters, that obliged the government to reduce national health budget;

Right: to health

Report On The Human Rights Of Persons Deprived Of Liberty In The Americas
OEA/Ser.L/V/II.   Doc. 64
31 Dec. 2011
General
Issues: risks connected with overcrowded prison facilities;

Right: to life, to humane treatment.

Annual Report Of The Inter-American Commission On Human Rights, 2011,Chap. III, C. Petitions and cases before the Inter-American Commission on Human Rights (Honduras)
OEA/Ser.L/V/II. Doc. 69
30 Dec. 2011
Risk of explosion of a gas storage facility
Issues:  precautionary measures on behalf of the inhabitants of the community of Omoa exposed to the risk;

Rights: to life, to a safe environment.

Annual Report Of The Inter-American Commission On Human Rights, 2011, Report Of The Office Of The Special Rapporteur For Freedom Of Expression, Dr. Catalina Botero
OEA/Ser.L/V/II. Doc. 69
30 Dec. 2011
General
Issues: legislation on control of the telecommunication networks, services, broadcasts, transmissions, and reception by the State in case of Natural Disaster (Bolivia); Suspension of a channel broadcasting from a disaster zone allegedly underling State responsibilities (Guyana); role played by community broadcasters during natural disasters (Haiti).

Rights: to freedom of expression, to information (to inform and to be informed), to equality before the law.

OEA/Ser.L/V/II. Doc. 5, rev. 1
7 Mar. 2011
Haitian Earthquake (2010)
Issue: basic needs of the victims of 2010 earthquake.

Rights: to adequate housing; of people with disabilities

Annual Report Of The Inter-American Commission On Human Rights, 2010, Report Of The Office Of The Special Rapporteur For Freedom Of Expression, Dr. Catalina Botero, Special Rapporteur For Freedom Of Expression 
OEA/Ser.L/V/II. Doc. 5
4 Mar. 2011
Haitian Earthquake (2010)
Issues: media and information system in the aftermath of the earthquake;

Rights:  to freedom of opinion and expression, to information.

OEA/Ser.L/V/II.134 Doc. 5, rev. 1
25 Feb. 2009
General
Issues: challenges posed by natural disasters on State’s capacity to ensure the full respect of the Haitian people’s human rights.

Rights: general (human rights and disasters)

OEA/Ser.L/V/II.122 Doc. 5 rev. 1 
25 Feb 2005
General/Tropical Storm Jeanne (2004)
Issues: effects of disasters on rights to adequate food, shelter, hygiene and health services; effects of armed violence on aid and relief; UN mission and protection of the delivery of humanitarian aid.

Rights: general (human rights and disasters).

Case 11.823, Report No. 17/03
20 February 2003
Explosions in Guadalajara (1992)
Issues: alleged responsibility of the State for the explosions in the Reforma District of the city of Guadalajara, State of Jalisco (1992), and for the negligence of employees of the State owned Petróleos Mexicanos (PEMEX), whom they accuse of having caused a leak of 1.2 liters of hydrocarbons into the sewer lines of Guadalajara’s Reforma District;

Rights: to life; to human treatment; to personal liberty; to a fair trial; to privacy; to freedom of expressions; of assembly; to property; to freedom of movement; to equal protection; to judicial protection.

Rep. n° 92/01 – Case 12.307; Rep. nº 91/01 – Case 12.258; Rep. nº 90/01 – CASE 12.256
10 Oct. 2001
Heavy rains in Vargas state (1999)
Issues: action of a large number of state agents in the work of re-establishing the public order necessary for safeguarding the lives and security of persons after the heavy rains that hit the state of Vargas in December 1999, allegedly resulting in several human rights violations.

Rights: to life, to humane treatment, to personal liberty, to a fair trial, to judicial protection.

OEA/Ser.L/V/II.111 Doc. 20 rev.
16 Apr. 2001
General/Hurricane Mitch (1998)
Issue: influence of natural disasters on migratory flows.

Rights: of migrants (migrant workers)

OEA/Ser.L/V/II.66 Doc.17
9 Sep. 1985
General
Issues: limitations of rights under state of emergency; legislative framework concerning disaster response

Rights: (general) human rights and disasters.

Inter-American Court of Human Rights

DOCUMENT
CODE
DATE
DISASTER
ISSUES and RIGHTS CONCERNED
Series C No. 138
28 Nov. 2005
Heavy Rains in Vargas State
Issues: action of a large number of state agents in the work of re-establishing the public order necessary for safeguarding the lives and security of persons after the heavy rains that hit the state of Vargas in December 1999, allegedly resulting in several human rights violations.

Rights: to judicial protection; to life; to personal integrity; to personal liberty; to a fair trial.

Serie C No. 241
27 Apr. 2012
Fire in San Pedro Sula Prison
Issues: the case concerned the State’s alleged international responsibility for the death of 107 inmates deprived of liberty , on May 17, 2004, in the “bartolina” or cell No. 19 of the San Pedro Sula Prison as a direct result of a series of structural deficiencies in this prison, that the competent authorities were aware of. Moreover, “the State has not investigated the reported facts or punished those responsible diligently and in keeping with its inherent legal obligation.

Rights: to judicial protection; to life; to personal integrity; to personal liberty; to a fair trial, to freedom from ex post facto laws.