A/HRC/37/30
within their jurisdiction”. The Court further stressed that “this positive obligation entails
above all a primary duty on the State to put in place a legislative and administrative
framework designed to provide effective deterrence against threats to the right to life”.12
While States have considerable flexibility in implementing this obligation in terms of
policy and operational options, the Court clarified the liability of a State for deaths if they
have occurred because the authorities neglected their duty to take preventive measures
when a natural hazard had been clearly identifiable and effective means to mitigate the risk
were available to them.
IV. Human rights-based approach to building sustainable and
resilient societies
39.
Many disasters are also the result of unsustainable development planning and
activities. Natural hazards, such as floods, earthquakes and storms, become disasters owing
to human and societal factors which can be addressed by decisive policies, actions and
active participation.13 The human rights framework offers guidance for strengthening the
resilience and protection of people at risk from disasters and crises.
A.
Putting people at the centre
40.
Human rights belong to people; the human person is the central subject of the
development process as both the main participant and beneficiary of development, as
proclaimed in the Declaration on the Right to Development. From a human rights
perspective, working towards resilient and sustainable societies requires a focus on people,
moving beyond the traditional focus on social and ecological systems to the need for
individuals to be resilient. A human rights-based approach views affected persons as rights
holders and not just objects or beneficiaries of development and humanitarian activities.
That contributes to better awareness and clarity in terms of relevant standards and
entitlements under national and international laws, such as, for example, the right to
adequate housing, water and sanitation and health for those living in informal settlements.
Such awareness will enable them to assess their own situation, identify their claims and
better negotiate with the authorities, which will strengthen the overall resilience capacity of
people and communities to prepare, adapt and cope with crises.
41.
Moreover, human rights law provides certain procedural rights that empower people
to improve resilience. The right to freedom of expression provided under the Universal
Declaration of Human Rights (art. 19) and the International Covenant on Civil and Political
Rights (art. 19) includes the freedom “to seek, receive and impart information”. The right to
information is essential for disaster preparedness and protection from environmental harm,
as well as for the exercise of other rights. Human rights bodies have repeatedly emphasized
the importance of this right in the context of environmental impacts on human rights. For
example, the Committee on Economic, Social and Cultural Rights in its general comment
No. 15 (2002) on the right to water, stated that individuals should be given full and equal
access to information concerning water and the environment (para. 48).
42.
The right to public participation in decision-making is a core human rights principle
and recognized under the Universal Declaration of Human Rights (art. 21) and the
International Covenant on Civil and Political Rights (art. 25). Article 6 (a) of the United
Nations Framework Convention on Climate Change requires its parties to promote and
facilitate public participation and in its resolution 67/210, the General Assembly recognized
“the need to engage a broad range of stakeholders at the global, regional, national and local
levels, including national, subnational and local governments, private businesses and civil
society, and including youth and persons with disabilities, and that gender equality and the
effective participation of women and indigenous peoples are important for effective action
12
13
Budayeva and others v. Russia, judgment of 20 March 2008, paras. 128–129.
See Chengdu Declaration for Action from the Second World Cities Scientific Development Forum
and the First Mayors’ Summit on Disaster Risk Reduction, 11–13 August 2011.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents