Abstract
Purpose
The purpose of this paper is to link debates around the international law on human rights and disaster management with the evolving debate around the human right to sanitation, in order to explore the extent to which states are obliged to account for sanitation in their disaster management efforts.
Design/methodology/approach
The paper is based on analysis of existing laws and policy relating to human rights, sanitation and disaster management. It further draws upon relevant academic literature.
Findings
The paper concludes that, while limitations exist, states have legal obligations to provide sanitation to persons affected by a disaster. It is further argued that a human rights-based approach to sanitation, if respected, can assist in strengthening disaster management efforts, while focusing on the persons who need it the most.
Research limitations/implications
The analysis in this paper focuses on the obligations of states for people on their territory. Due to space limitations, it does not examine the complex issues relating to enforcement mechanisms available to disaster victims.
Originality/value
This is the first scholarly work directly linking the debates around international human rights law and disaster management, with human rights obligations in relation to sanitation. The clarification of obligation in relation to sanitation can assist in advocacy and planning, as well as in ensuring accountability and responsibility for human rights breaches in the disaster context.
Subject
Public Health, Environmental and Occupational Health,Management, Monitoring, Policy and Law,Health(social science)
Reference59 articles.
1. Alston, P. (2016), “Report of the special rapporteur on extreme poverty and human rights”, UN Doc. A/71/40823 (advance unedited version), August 26.
2. Aronsson-Storrier, M. and Salama, H. (2016), “Tackling water contamination: development, human rights and disaster risk reduction”, in Breau, S. and Samuel, K. (Eds), Research Handbook on Disasters and International Law, Edward Elgar, Cheltenham, pp. 319-335.
3. European Court of Human Rights, Applications Nos. 15339/02, 21166/02, 20058/02, 11673/02 and 15343/02;, ECtHR,2008
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