A/HRC/28/76
X. Recommendations
98.
Member States should recall that the full respect of all human rights and other
relevant branches of international law can ensure adequate protection in
humanitarian action in post-conflict and post-disaster situations. Rights relating to the
basic necessities of life (in particular relating to food, drinking water, shelter, clothing,
adequate health services and sanitation), physical security and integrity (protection of
the right to life and the right to be free of assault, rape, arbitrary detention and
kidnapping, and threats to these rights), civil and political protection needs (rights to
religious freedom and freedom of speech, personal documentation, political
participation, access to courts, and freedom from discrimination ) and other economic,
social and cultural protection needs (such as access to education, to receive restitution
or compensation for lost property and to work ) should be protected and respected
through the design and implementation of concrete initiatives and mechanisms at all
levels.
99.
Approaches that are participatory, gender-based, culturally sensitive,
accountable, anti-discriminatory and comprehensive, and that adhere to the
principles of universal design, accessibility and inclusiveness and “do no harm” must
be included in all humanitarian aid plans and mechanisms during the design, rescue,
relief and recovery phases. These programmatic and political issues allow for better
application of international human rights law and international humanitarian law
standards, and offer a comprehensive response to crises. Mechanisms for respect of
human rights of the most vulnerable groups should be defined in preparedness for
disasters.
100. States should also recognize the need of specific funding for emergency
response, relief and reconstruction. The allocation of funds for that purpose should be
a priority in the annual national budget. In addition, States should identify long-term
development budgets – and not only with costs of recovery and reconstruction – to
avoid the accumulation of damage.
101. Special attention should be paid to the protection of human rights of vulnerable
persons, in particular women, children, older persons, displaced persons and persons
with disabilities. The vulnerability of children, particularly girls, is a priority when
planning prevention and humanitarian assistance. Attacks on places usually
frequented by children, such as schools, hospitals, parks and their own homes, should
be strongly condemned and avoided at all costs. The protection of such sites should be
a priority for United Nations peacekeepers.
102. Since there are many cases of States occupying the territory of other States, it is
important to highlight that, in the event of armed conflict, the occupying force is
responsible for the respect of international humanitarian law and the protection of the
human rights of the population of the occupied State.
103. Ensuring a human rights-based approach implies a high standard of
accountability. States that do not effectively protect their population during and after
a conflict or a disaster should therefore be held accountable.
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