ABSTRACT

There is understandable scepticism about the introduction of human rights language into disaster response. In contrast to the use of rights-based approaches to development programming, there has been relatively little attempt to use human rights as a normative or policy framework for the provision of shelter after disaster. Human rights standards contain a highly developed definition of the right to adequate housing, yet in its fullest iteration this is not of particular relevance for immediate post-disaster action. However, the seven elements in the human rights definition of adequate housing become highly pertinent in the transition from disaster response to longer-term reconstruction and development. The most important contribution of human rights to shelter after disaster, however, may lie elsewhere. Broader human rights norms stress the importance of equality and non-discrimination in the provision of shelter and highlight the danger of making trade-offs between shelter rights and other rights, such as freedom of movement or access to livelihoods. ‘Human rights-based approaches to programming’ have a tendency to overstate the contribution of human rights in these contexts, often failing to grasp that the prism of rights is not the only approach to all human problems, or always the most useful. Yet, a rights-based approach that is firmly anchored in internationally agreed standards can be an invaluable way of returning the issue of state obligations in relation to adequate housing to the centre of the debate.