Emanuele Sommario
Scuola Superiore Sant'Anna, DIRPOLIS, Faculty Member
Armed conflicts, terrorist campaigns, natural disasters are all phenomena capable of seriously jeopardizing the security of any State. In such predicaments, Governments usually adopt emergency measures that often entail extraordinary... more
Armed conflicts, terrorist campaigns, natural disasters are all phenomena capable of seriously jeopardizing the security of any State. In such predicaments, Governments usually adopt emergency measures that often entail extraordinary restrictions on basic human rights. This book looks at the practice of States that have decided to suspend international human rights treaties in order to introduce measures aimed at tackling or limit the effects of major emergencies. By scrutinizing the case law of European, American and UN treaty monitoring bodies, our analysis intends to identify the type of situations in which a derogation from human rights treaties is truly necessary, and the legal framework within which States are required to act when they introduce exceptional limitations on the enjoyment of human rights.
Research Interests:
This handbook offers a comprehensive assessment of the main legal issues and challenges concerning the application of International Human Rights Law (IHRL) in disaster situations, and the role of this body of law in shaping the... more
This handbook offers a comprehensive assessment of the main legal issues and challenges concerning the application of International Human Rights Law (IHRL) in disaster situations, and the role of this body of law in shaping the obligations of states and other actors involved in the prevention, preparedness and response to natural and human-made disasters.
Disasters are the consequences of events triggered by natural or human-made hazards that seriously affect the social and economic development of a society and usually overwhelm the response capacity of national actors. Traditionally, such events have been seen as situations that create challenges and problems mainly of a humanitarian nature. However, in recent years it has come to be recognized, that human rights protection needs to be provided also in these contexts, and that relief assistance activities represent but one of the means that states have at their disposal to absolve their international obligations to respect, protect and fulfill human rights. Significantly, over the past few years many treaty monitoring bodies and other human rights protection mechanisms (UN special rapporteurs, Universal Periodic Review, International Courts etc.) have focused their attention on disaster-related issues, highlighting the central role of human rights in this domain. In addition, in 2016 the International Law Commission adopted the final version of its "Draft articles on the protection of persons in the event of disasters", and a plethora of soft law instruments concerning the rights of disaster victims have been adopted at global and regional level. There is, thus, abundant material that deserves a careful survey.
The handbook looks at all the different phases of the so-called 'disaster management' cycle, which for the purpose of our research will be defined as the process by which governments, international organisations and civil society plan for and reduce the impact of disasters, react during and immediately following a disaster, and take steps to recover after a disaster has occurred. It is now widely recognized that appropriate actions at all points in the cycle lead to greater preparedness, better warnings and reduced vulnerability, and that a human rights-friendly approach is capable of mitigating the effects of disasters on people, property, and infrastructure. It is in devising and implementing these policies that international human rights law – as interpreted by international bodies – should play a role to ensure that human rights considerations are given adequate weight in the process.
The handbook is divided in four parts, preceded by a foreword by the ILC Rapporteur Edoardo Valencia Ospina. Part I sets the stage for the other contributions, as it explains the topicality of the subject, offer a working definition of the notion of "disaster", and describe how the international rules at stake may interact with other principles and bodies of international law, such as the principle of State sovereignty and international humanitarian law. Part II will then focus on the role and application of HRL in disaster settings. In particular, it looks at the alleged existence of a right to humanitarian assistance, but also explain how HRL can inform the work of humanitarian operators. Other chapters will consider the role of States and non- State actors in reducing the risk of disasters but also in limiting the enjoyment of certain rights to respond more effectively. Part III then assesses how certain rights or categories of rights might become relevant in disaster scenarios. Specific attention is devoted to those sets of guarantees which assume particular importance in such situations, and the peculiar challenges and problems posed by their implementation will be thoroughly analyzed. Finally, Part IV looks at groups of persons who: a) might be particularly vulnerable in disaster-stricken areas, or b) have been displaced as a consequence of the disaster.
This book will be of much interest to students of humanitarianism, international law, disaster management and international relations in general.
Disasters are the consequences of events triggered by natural or human-made hazards that seriously affect the social and economic development of a society and usually overwhelm the response capacity of national actors. Traditionally, such events have been seen as situations that create challenges and problems mainly of a humanitarian nature. However, in recent years it has come to be recognized, that human rights protection needs to be provided also in these contexts, and that relief assistance activities represent but one of the means that states have at their disposal to absolve their international obligations to respect, protect and fulfill human rights. Significantly, over the past few years many treaty monitoring bodies and other human rights protection mechanisms (UN special rapporteurs, Universal Periodic Review, International Courts etc.) have focused their attention on disaster-related issues, highlighting the central role of human rights in this domain. In addition, in 2016 the International Law Commission adopted the final version of its "Draft articles on the protection of persons in the event of disasters", and a plethora of soft law instruments concerning the rights of disaster victims have been adopted at global and regional level. There is, thus, abundant material that deserves a careful survey.
The handbook looks at all the different phases of the so-called 'disaster management' cycle, which for the purpose of our research will be defined as the process by which governments, international organisations and civil society plan for and reduce the impact of disasters, react during and immediately following a disaster, and take steps to recover after a disaster has occurred. It is now widely recognized that appropriate actions at all points in the cycle lead to greater preparedness, better warnings and reduced vulnerability, and that a human rights-friendly approach is capable of mitigating the effects of disasters on people, property, and infrastructure. It is in devising and implementing these policies that international human rights law – as interpreted by international bodies – should play a role to ensure that human rights considerations are given adequate weight in the process.
The handbook is divided in four parts, preceded by a foreword by the ILC Rapporteur Edoardo Valencia Ospina. Part I sets the stage for the other contributions, as it explains the topicality of the subject, offer a working definition of the notion of "disaster", and describe how the international rules at stake may interact with other principles and bodies of international law, such as the principle of State sovereignty and international humanitarian law. Part II will then focus on the role and application of HRL in disaster settings. In particular, it looks at the alleged existence of a right to humanitarian assistance, but also explain how HRL can inform the work of humanitarian operators. Other chapters will consider the role of States and non- State actors in reducing the risk of disasters but also in limiting the enjoyment of certain rights to respond more effectively. Part III then assesses how certain rights or categories of rights might become relevant in disaster scenarios. Specific attention is devoted to those sets of guarantees which assume particular importance in such situations, and the peculiar challenges and problems posed by their implementation will be thoroughly analyzed. Finally, Part IV looks at groups of persons who: a) might be particularly vulnerable in disaster-stricken areas, or b) have been displaced as a consequence of the disaster.
This book will be of much interest to students of humanitarianism, international law, disaster management and international relations in general.
