A/HRC/28/76 89. In some States, constitutional rights may be limited, for instance when a state of emergency has been declared. Even in states of emergency resulting from disaster or conflict, however, the State must respect the core of human rights and ensure that the specific legislations respects its own Constitution, international human rights treaties and the rules contained in international declarations on humanitarian assistance. 90. States invest financially in humanitarian disaster and conflict relief in a planned way, avoiding budgetary risks that jeopardize public investment in normal times. The establishment of national funds for recovery and reconstruction could be important initiatives. 91. Local mechanisms for denouncing violations of human rights and international humanitarian law in disaster and conflict situations should be put in place to ensure the safety, security and freedom of the persons affected. Complaints and feedback systems can be designed and implemented as participatory processes, as can democratic-based actions. 92. In recent times, the term “disaster prevention” has often been coupled with “disaster mitigation” or “disaster risk reduction”. This may have been caused by the growing awareness that “hazards are inevitable, and the elimination of all risks is impossible”. 43 In the case of disasters, too much emphasis on prevention in planning to address disasters might lead to the dissemination of an unfounded belief in safety. To achieve the ultimate and foremost goal of saving lives, more attention should be paid to preparedness, early warning and risk reduction. 93. The first action for preparedness for a disaster would, therefore, be to search what types of risks exist in a particular area of the country, and then to raise public awareness of those risks. Unsound economic and urban development often leads to great loss of human life by natural hazards, besides reducing the sustainability of development. The perspective of risk reduction should therefore be incorporated into national development plans. 94. The main challenges in peacebuilding and transitional justice are the allocation of inadequate funds and the awareness of the international community that the resilience of livelihoods is fundamental for peacebuilding and understanding the interdependence of civil, political, economic, social and cultural rights. IX. Main conclusions 95. Although rescue, relief and rehabilitation action should be compliant with human rights, this is not always the case. A human rights-based approach includes the principles of direct and intentional linkage to human rights; transparency; participation, inclusiveness and consultation of those affected and beneficiaries; nondiscrimination; special attention to the needs of at-risk and marginalized groups within the larger set of beneficiaries; and accountability and timeliness. 96. Humanitarian intervention should take into account legal, social, political, ethical and cultural relations. It is fundamental that the legal framework underline that the State holds obligations and individuals and communities hold rights. 97. To increase the effectiveness and scope of human rights protection in postdisaster and post-conflict situations, a holistic and complementary approach among the different branches of international law is necessary. 43 See United Nations Office for Disaster Risk Reduction, “A Safer World in the 21st Century: disaster and risk reduction”, available at www.unisdr.org/who-we-are/international-strategy-for-disasterreduction. 21