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|a International law and standards applicable in natural disaster situations |h [electronic resource] |y English. |
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|a Rome, Italy : |b International Development Law Organization (IDLO), |c 2009. |
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|a All rights reserved. This material is copyrighted but may be reproduced by any method without fee for any educational purposes,
provided that the source is acknowledged. Formal permission is required for all such uses. For copying in other circumstances or
for reproduction in other publications, prior written permission must be granted from the copyright owner and a fee may be
charged. Requests for commercial reproduction should be directed to the International Development Law Organization. |
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|a Harper, E. (2009). International law and standards applicable in natural disaster situations. International Development Law Organization (IDLO). |
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|a Chapter 1: Protecting Human Rights in Disaster Situations; Part 1: Protecting Judicial Rights p. 27; 1.1 The Right to Equality Before the Law p. 27; 1.2 The Right to a Legal Personality p. 27; 1.3 The Right to a Remedy p. 28; 1.4 The Right to Protection Against ex post facto Laws p. 29; 1.5 Protection Against Arbitrary Arrest and Detention p. 29; 1.6 The Rights of Persons Deprived of their Liberty p. 29; 1.7 The Right to Protection Against Cruel, Inhumane or Degrading Treatment p. 29; 1.8 The Right to a Fair Trial p. 30; 1.9 The Right to Judicial Review p. 30; Checklist for Agencies p. 32; Useful Links and Publications p. 33; Agencies Working for the Protection of Judicial Rights in Disaster Situations p. 34; Part 2: Protecting Civil and Political Rights p. 36; 2.1 The Right to Equality and Freedom from Discrimination p. 36; 2.2 Freedom from Servitude and Other Forms of Violence and Abuse p. 36; 2.3 The Right to Privacy p. 37; 2.4 The Right to Freedom of Conscious, Thought and Expression p. 37; 2.5 The Right to Freedom of Religion p. 37; 2.6 The Right to Freedom of Assembly p. 38; 2.7 The Right to Participation in Government p. 38; 2.8 The Right to Property p. 38; 2.9 The Right to Freedom of Movement and Residence p. 38; 2.10 Protection from Internal Displacement p. 38; 2.11 The Rights of Children p. 38; Part 3: Protecting Economic, Social and Cultural Rights p. 40; 3.1 The Right to Adequate Living Standards p. 40; 3.2 The Right to Adequate Health Care p. 40; 3.3 The Right to Social Security p. 42; 3.4 The Right to Education p. 42; 3.5 Workers’ Rights p. 42; 3.6 The Right to Humanitarian Assistance p. 43; 3.7 The Right to Personal Documentation p. 43; Checklist for Agencies p. 45; Useful Links and Publications p. 46; Agencies Working for the Protection of Economic,Social and Cultural Rights in Disaster Situations p. 47; Matrix of International Human Rights Instruments p. 48; Chapter 2: Protecting the Rights of Vulnerable Groups in Disaster Situations; Part 1: Protecting the Rights of Women p. 71; 1.1 Freedom from Gender-Based Discrimination p. 73; 1.2 Protection from Violence and Harmful Traditional Practices p. 73; 1.3 Protection from Exploitation p. 74; 1.4 Consent to Marriage p. 75; 1.5 Equality and Protection of Women’s Rights in Marriage p. 76; 1.6 Women’s Economic, Social and Cultural Rights p. 76; 1.7 Freedom of Residence and Domicile p. 78; 1.8 The Right to Participate in Government p. 78; 1.9 Employment Rights p. 78; Checklist for Agencies p. 79; Useful Links and Publications p. 80; Agencies Working for the Protection of the Rights of Women in Disaster Situations p. 81; Part 2: Protecting the Rights of Persons with Disabilities p. 84; 2.1 Economic, Social and Political Rights p. 85; 2.2 Protection from Discrimination p. 86; 2.3 Protection from Exploitation and Abuse p. 87; 2.4 Health Care p. 87; 2.5 The Right to Autonomy and Self Sufficiency p. 87; 2.6 Legal Capacity and Protection p. 88; 2.7 Emergencies p. 89; Checklist for Agencies p. 90; Useful Links and Publications p. 91; Agencies Working for the Protection of the Rights of Persons with Disabilities in Disaster Situations p. 92; Part 3: Protecting the Rights of Minority Groups p. 94; 3.1 Prohibition on Discriminatory Laws and Policies p. 96; 3.2 Prohibition on Incitement p. 97; 3.3 Protection of Human Rights and Fundamental Freedoms p. 97; 3.4 Protection of Cultural Practices and Identity p. 97; 3.5 Civic, Economic, Social and Cultural Rights p. 98; 3.6 The Right to Participate in Government p. 98; 3.7 Legal Rights p. 98; Checklist for Agencies p. 99; Useful Links and Publications p. 100; Agencies Working for the Protection of the Rights of Minority Groups in Disaster Situations p. 101; Part 4: Protecting the Rights of Older Persons p. 103; 4.1 Older Persons in Disasters p. 103; 4.2 Older Persons and International Law p. 104; 4.3 The Rights of Older Persons under International Human Rights Law p. 105; 4.4 Protecting the Needs of Older Persons Post-Disaster p. 105; 4.5 Core Protection and Assistance Needs of Older Persons p. 106; Useful Links and Publications p. 108; Agencies Working for the Protection of the Rights of Older Persons in Disaster Situations p. 108; Matrix of International Human Rights Instruments Relating to Vulnerable Persons p. 110; Chapter 3: Protecting Children’s Rights in Disaster Situations; Part 1: Birth Registration p. 139; 1.1 What is Birth Registration? p. 139; 1.2 Relevant International Law p. 139; 1.3 Why is Birth Registration Important? p. 139; Checklist for Agencies p. 141; Part 2: Guardianship, Fostering and Adoption p. 142; 2.1 A Child’s Right to be Cared for by its Parents p. 142; 2.2 Alternate Care Arrangements p. 142; 2.3 Types of In-Country Alternate Care Arrangements p. 143; 2.4 Inter-Country/International Adoption p. 145; 2.5 Relevant International Law p. 146; Checklist for Agencies p. 147; Part 3: Child Labor p. 149; 3.1 Introduction p. 149; 3.2 Definition of Child Labor p. 149; 3.3 The Worst Forms of Child Labor p. 150; 3.4 Relevant International Law p. 150; Checklist for Agencies p. 152; Part 4: Child Sexual Exploitation p. 153; 4.1 Definitions p. 153; 4.2 Relevant International Law p. 153; 4.3 Causes and Consequences p. 154; Checklist for Agencies p. 156; Part 5: Child Trafficking p. 158; 5.1 Introduction p. 158; 5.2 Definitions p. 158; 5.3 Causes and Consequences p. 159; 5.4 Relevant International Law p. 159; Checklist for Agencies p. 162; Useful Links and Publications p. 163; Agencies Working for the Protection of the Rights of Children in Disaster Situations p. 164; Matrix of International Human Rights Instruments Relating to the Rights of Children p. 166; Chapter 4: Land and Property Management in Disaster Situations; Part 1: Introduction p. 191; 1.1 Why is Equitable and Efficient Land Management Important? p. 191; 1.2 The Applicable Legal Framework p. 192; Part 2: The Right to Adequate Housing p. 193; Part 3: The Emergency Phase p. 197; 3.1 Escape in the Event of a Natural Disaster p. 197; 3.2 Protecting Homes from Looting in the Aftermath of a Natural Disaster p. 197; 3.3 Protection of Housing and Identity Records p. 198; 3.4 Emergency Shelter p. 198; Part 4: Permanent Housing Solutions p. 201; 4.1 The Right to HLP Restitution p. 201; 4.2 Establishing Restitution Processes p. 202; 4.3 Restitution p. 203; 4.4 Compensation p. 203; 4.5 Adjudicating Restitution Claims p. 207; 4.6 Types of Restitution Claims p. 207; Part 5: Protecting Vulnerable Groups p. 215; 5.1 Women p. 215; 5.2 Children p. 217; 5.3 Non-Proprietary Rights Holders: Renters, Squatters and the Homeless p. 218; 5.4 Traditional/Customary Rights Holders p. 219; Useful Links and Publications p. 220; Agencies Working in Land and Property Management in Disaster Situations p. 221; Matrix of International Human Rights Instruments Relating to Land, Property and Housing Rights p. 224; Chapter 5: Curbing the Risks and Opportunities of Corruption in Natural Disaster Situations; Part 1: Increased Corruption Risk in Natural Disaster Situations p. 243; Part 2: Types and Actors of Corruption p. 244; Part 3: Recommendations for Curbing Corruption in Natural Disaster Situations p. 248; Bibliography p. 251; Agencies Involved in Fighting Corruption p. 253; Conclusion p. 255 |
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|a This is a manual prepared by the International Development Law Organization (IDLO) in order to assist international humanitarian stakeholders, primarily non-lawyers, in providing humanitarian responses according to international legal prescriptions. Immediately after a disaster occurs, the IDLO believes that the urgent priority must be to save lives, provide medical aid to wounded people, and make shelter, food and clean water available to the affected population. After meeting people’s fundamental needs, a transition must begin away from disaster response towards beginning the recovery process. During this period, the IDLO argues, it is crucial to create conditions that reestablish the dignity of the affected people and their legal rights. The effectiveness of the law in preserving these rights depends on the level of legal knowledge of recovery planners and other stakeholders. As a result of the crucial need for legal knowledge during the disaster recovery process, the IDLO has prepared a manual of international laws and standards that address five areas of concern during this period: human rights, the rights of vulnerable groups, the rights of children, land and property management, and anti-corruption/funds management. Each section of the document includes case studies, checklists, and selections from various international and regional legal documents. The IDLO argues that knowledge of the law, particularly in the five specified areas, helps to speed up the recovery process by ensuring that reconstruction addresses laws dealing with broader development planning and environmental concerns; and that structural injustices at the root of poverty, social conflict, and disasters within many of these societies, is addressed in the recovery process. |
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|a Electronic reproduction. |c Florida International University, |d 2013. |f (dpSobek) |n Mode of access: World Wide Web. |n System requirements: Internet connectivity; Web browser software. |
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|a Disaster relief |x Law and legislation. |
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|a Disasters |x Law and legislation. |
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|a Emergency management |x Law and legislation. |
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|a Harper, Erica |g Senior Rule of Law Advisor and Representative to Geneva-based UN Organizations |u International Development Law Organization (IDLO). |
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|a Disaster Risk Reduction Program, Florida International University (DRR/FIU), |e summary contributor. |
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|c Original |w (OCoLC)774919824 |
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|u http://dpanther.fiu.edu/dpService/dpPurlService/purl/FI13010928/00001 |y Click here for full text |
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|a http://dpanther.fiu.edu/sobek/content/FI/13/01/09/28/00001/FI13010928thm.jpg |
