ABSTRACT
The encounter of International Human Rights Law (IHRL) and International Disaster Law (IDL) has given rise to a number of issues which continue to provide challenges to the international, national, municipal and community actors as well as topics for discussion among scholars. The need to prioritise emergency response, recovery and restoration can lead, if not to competing options, at least to selective choices that ultimately privilege some and not others. Disaster exacerbates vulnerabilities of individuals and groups requiring not only special care in emergency relief, but also continued attention during the restoration, rehabilitation and reconstruction phases.
Obligations stipulated in bilateral and multilateral treaties related to humanitarian assistance are typically owed to States and not to individuals. The force of IHRL, however, gives ground for envisaging that international law should evolve towards a more individual-centred approach
One of the most interesting aspects of the human rights-based approach in disaster-related issues is the role of soft law. The comprehensive and detailed guidelines and codes of conduct governing their actions in the areas affected by a disaster represent the most comprehensive framework for humanitarian activities. The human rights-based approach to disaster response therefore results from a series of factors that effectively involve civil society organisations alongside States, public authorities and intergovernmental organisations.
