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Title: State negligence before and after natural disasters as human rights violations
Authors: Popovski, Vesselin
Issue Date: 31-Dec-2014
Publisher: Taylor & Francis
Citation: Popovski, Vesselin. (2014). State negligence before and after natural disasters as human rights violations. In Christopher Hobson, Paul Bacon and Robin Cameron (Eds.). Human security and natural disasters, pp: 94-110.
Abstract: Natural disasters can affect all components of human security, as this book demonstrates. This chapter argues that state negligence before and after natural disasters effectively violates human rights in addition to jeopardizing human security. It presents a range of legal actions that can be undertaken in domestic and international courts. The chapter begins with a comparative assessment of human rights and human security, both as concepts and as policy approaches, and reemphasizes that both violations of human rights and human insecurity can largely be a result of a state’s negligence, although this need not necessarily result from the deliberate targeting of victims. People suffer both from action and from inaction, and state responsibility has expanded as the risk posed by natural disasters becomes less a case of the ‘natural’ causes and more a factor of effective governance. States can no longer make excuses that little can be done against catastrophic natural hazards, as contemporary science has developed advanced technologies to predict and mitigate such hazards. Accordingly, victims of natural disasters, if they are not properly compensated, can bring a case to court that state negligence – both pre-disaster and post-disaster – caused human rights violations and seek remedies. This chapter presents some precedent cases, such as Judge Duval’s ruling on Katrina Hurricane, Budayeva v. Russia and Kolyadenko v. Russia in the European Court of Human Rights which illustrate how courts can declare state negligence in natural disasters a violation of human rights.
ISBN: 9781317814405
Appears in Collections:JGU Research Publications

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