Derogation from Human Rights Treaties in Situations of Natural or Man-Made Disasters

Sommario, Emanuele

doi:10.1007/978-90-6704-882-8_14

Cited by 9 publications

(2 citation statements)

References 14 publications

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“…This includes, among other rights, rights related to life, physical security, integrity, and dignity, as well as the right to privacy in a digital context (UN General Assembly, 1966a;UN Human Rights Committee, 1988). And yet, as Sommario (2012) points out, it is also "widely accepted that when facing serious public emergencies states can temporarily suspend their obligations under certain human rights treaties and adopt exceptional measures aimed at overcoming the crisis" (UN General Assembly, 2016, p. 43;Sommario, 2012). For instance, the European Convention of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights are instruments which allow for derogations as lawful responses to emergencies (Council of Europe, 1950;UN General Assembly, 1966a;UN General Assembly, 1966b).…”

Section: State Interestsmentioning

confidence: 97%

In the Interest(s) of Many: Governing Data in Crises

Clark¹,

Albris²

2020

PaG

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The use of digital technologies, social media platforms, and (big) data analytics is reshaping crisis management in the 21st century. In turn, the sharing, collecting, and monitoring of personal and potentially sensitive data during crises has become a central matter of interest and concern which governments, emergency management and humanitarian professionals, and researchers are increasingly addressing. This article asks if these rapidly advancing challenges can be governed in the same ways that data is governed in periods of normalcy. By applying a political realist perspective, we argue that governing data in crises is challenged by state interests and by the complexity of other actors with interests of their own. The article focuses on three key issues: 1) vital interests of the data subject vis-à-vis the right to privacy; 2) the possibilities and limits of an international or global policy on data protection vis-à-vis the interests of states; and 3) the complexity of actors involved in the protection of data. In doing so, we highlight a number of recent cases in which the problems of governing data in crises have become visible.

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Section: State Interestsmentioning

confidence: 97%

In the Interest(s) of Many: Governing Data in Crises

Clark¹,

Albris²

2020

PaG

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“…The reader will notice that all four contributions in the current special column relate to international human rights law. Although we will introduce each article in due course, the general explanation for this is simple: human rights are indeed an area of international law that has steadily developed in the last few decades, and while the relationship between human rights and disasters has lately received significant attention, from both legal practitioners and academics alike (Kälin and Dale, 2008;Carmalt and Dale, 2012;Sommario, 2012;Cubie and Hesselman, 2015;Da Costa and Pospieszna, 2015), it is clear that the issue warrants deeper and more extensive analysis. Considering the move from a needs-based to a human rights-based approach to disaster management, some have suggested that the protection from human rights violations in disasters is as important as the provision of relief.…”

Section: Disasters and International Human Rights Lawmentioning

confidence: 99%

Regulating disasters? The role of international law in disaster prevention and management

Aronsson-Storrier

Costa

2017

DPM

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Purpose-This article explores the role of international law in disaster prevention and management, with a particular focus on the emerging field of international disaster law, and its relationship with international human rights law. It further introduces the four articles of the special column of this journal issue, dedicated to disasters and international law. Design/methodology/approach-The analysis is based upon primary sources of legislation and policy, as well as academic literature on disasters and international law. Findings-Although the field of international disaster law is at its infancy, we argue that this emergent area does have the potential to gain widespread recognition as a distinct field of law, and that this could be of benefit for the wider disaster management community. Originality/value-The article introduces key legal features and themes relating to international law and disasters, highlighting their relevance for disaster management. The added value is to widen the discussion on aspects of disasters regulated by international law, thus facilitating the future exchange with other academic subjects and operational fields.

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The Role of International Cooperation Within the UN Human Rights Treaty System

Giustiniani

2020

International Law in Disaster Scenarios

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Derogation from Human Rights Treaties in Situations of Natural or Man-Made Disasters

Cited by 9 publications

References 14 publications

In the Interest(s) of Many: Governing Data in Crises

In the Interest(s) of Many: Governing Data in Crises

Regulating disasters? The role of international law in disaster prevention and management

The Role of International Cooperation Within the UN Human Rights Treaty System

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