General association with cultural factors: Rule of law
Implementation steps:
A. Adopt a concrete overarching policy on rights-based approach in all dimensions of disaster management in Europe. Related cultural factor: Rule of law
B. Such will in effect lead to among others, developing and publishing guidelines on various aspects of human rights, such as data protection, cultural rights protection, etc., in disaster and other emergency management. For example, EU Agency for Fundamental Rights (FRA) should consider publishing an opinion on the multi-dimensional relationship between disasters and fundamental rights in Europe. Related cultural factor: Rule of law
C. Draft EU-wide guidelines on privacy and data protection in disaster management, circumscribing the restrictions or limitations to privacy and data protection rights in such situation. Related cultural factor: Rule of law
D. Raise EU citizens’ education and awareness regarding human rights issues in disaster situations and the existing legal framework through detailed information campaigns. Related cultural factor: Rule of law
E. Develop a checklist on what policies and practices exist in respecting rights of victims, duties of authorities. Related cultural factor: Rule of law
F. Draft guidelines on how to protect minorities, religious freedom and traditions, personal and collective intellectual property rights, etc., in disaster management. Related cultural factor: Rule of law
G. Implement legislative norms promoting citizens’ participation/engagement in disaster management to create an enabling environment. Related cultural factor: Rule of law
H. Pay particular attention to ethics, privacy and security when dealing with digital tools for disaster-related purposes. Related cultural factor: Rule of law
Sources:
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Deliverable 6.1: Report on European fundamental rights in disaster situations - CARISMAND
- pdf, 2.2 MB
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Deliverable 6.2: Report on fundamental rights in disaster situations in selected national legislations - CARISMAND
- pdf, 3.6 MB
Further reading:
Carmalt J and Dale C, “Human Rights and Disasters” in Ben Wisner et al (eds), Handbook of Hazards and Disaster Risk Reduction and Management (Routledge 2012).
Council of Europe, Ethical Principles on Disaster Risk Reduction and People’s Resilience (2011), available at: http://www.coe.int/t/dg4/majorhazards/ressources/Apcat2011/APCAT2011_02rev2_Ethical_Principals_EN.pdf, accessed 11 February 2016.
Council of Europe Framework Convention for the Protection of National Minorities and Explanatory Report (1995).
Kälin W and Dale C ‘Disaster Risk Mitigation – Why Human Rights Matter”, (2008) 31 Forced Migration Review.
Levinson J and Domb A, ‘Disaster Victim Identification and Privacy’, (2013) 5 The Privacy and Security Research Paper Series.
Nergelius J, The accession of the EU to the European Convention on Human Rights A critical analysis of the Opinion of the European Court of Justice (SIEPS 2015).
Office of the United Nations High Commissioner for Human Rights (OHCHR), available at: http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx, accessed 26 April 2016.
Opinion 2/13 of the Court on Access of the EU to the ECHR (CJEU 18 December 2014).
Palombella G, ‘From Human Rights to Fundamental Rights. Consequences of a Conceptual Distinction’ (2006) Law No. 2006/34 EUI Working Paper.
Reidenberg J et al., Privacy and Missing Persons after Natural Disasters (Center on Law and Information Policy at Fordham Law School and Woodrow Wilson International Center for Scholars 2013).
Resolution (99) 50 on the Council of Europe Commissioner for Human Rights (adopted by the Committee of Ministers on 7 May 1999).
Recommendation of the Commissioner for Human rights on the Implementation of the Right to Housing, CommDH(2009)5.
Sphere Handbook: Humanitarian Charter and Minimum Standards in Humanitarian Response (2011).
The New Zealand Privacy Commissioner, ‘Civil Defence National Emergencies (Information Sharing) Code 2013’, available at: https://www.privacy.org.nz/the-privacy-act-and-codes/codes-of-practice/civil-defence-national-emergencies-information-sharing-code-2013/,
UN OHCHR, Protection of Internally Displaced Persons in Situations of Natural Disaster (2005), available at: http://www.ohchr.org/Documents/Issues/IDPersons/Tsunami.pdf,
Valencia-Ospina E, Preliminary Report on the Protection of Persons in the Event of Disasters (2008) A/CN.4/598.
Venturini G, ‘International Disaster Response Law in Relation to Other Branches of International Law’ in Andrea de Guttry et al. (eds.), International Disaster Response Law (T.M.C. Asser Press 2012).