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

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