Abstract

States and international institutions have committed, through the adoption of the Sendai Framework, to promote and protect all human rights, whilst managing the risk of disasters. To this end, the relevance and application of international human rights instruments – particularly the International Covenant on Economic, Social and Cultural Rights, with this chapter focusing on the right to health – are a critical consideration in the adoption and implementation of State Disaster Risk Reduction (DRR) strategies. Moreover, States have committed to facilitate, and even request, the assistance of international actors, including the International Federation of the Red Cross (IFRC), in their DRR strategies, including practical support in the aftermath of disasters.
It is posited that where states do not fully meet their human rights obligations, (but importantly, even where they are actively progressing these), non-state organisations such as the IFRC and Red Cross National Societies could assist in progressing these obligations and bridge any gaps through their humanitarian and DRR related roles, whether by design or not. This argument is illustrated by the Nepal earthquake, as Nepal is an example of a state with little DRR legislation but plenty of policy. It focuses on the plight of women in need of emergency healthcare during the earthquake.
Ultimately, the chapter shows that States may be unable to reach even the ‘minimum core’ of the ICESCR in the aftermath of disasters but co-ordination of resources and support from external actors should take into account the human rights protection needs of the affected population.