{"title":"“Feeding the Hungry, Quenching the thirsty”: Shaping the Rights to Food and Water in Disaster Settings through Humanitarian Standards","authors":"Emanuele Sommario, F. Spagnuolo, M. Alabrese","doi":"10.1515/gj-2019-0007","DOIUrl":null,"url":null,"abstract":"Abstract Natural and technological disasters have the potential to severely undermine the capacity of States to comply with their human rights obligations. Among the most vital rights of disaster victims are the rights to food and water, encapsulated in the Covenant on Economic, Social and Cultural Rights. In this article, the scope of State obligations under international human rights law to secure sufficient amounts of adequate food and water in disaster settings is explored. After assessing if and to what extent the exercise of such rights can be restricted in the wake of a major disaster, the focus of the analysis shifts to the core content of State obligations, which are explored in the light of commonly accepted humanitarian standards. Lastly, the relationship between the obligation to ensure access to a minimum essential amount of food and water and the non-derogable right to life is examined.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"20 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2019-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2019-0007","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Global Jurist","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/gj-2019-0007","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 1
Abstract
Abstract Natural and technological disasters have the potential to severely undermine the capacity of States to comply with their human rights obligations. Among the most vital rights of disaster victims are the rights to food and water, encapsulated in the Covenant on Economic, Social and Cultural Rights. In this article, the scope of State obligations under international human rights law to secure sufficient amounts of adequate food and water in disaster settings is explored. After assessing if and to what extent the exercise of such rights can be restricted in the wake of a major disaster, the focus of the analysis shifts to the core content of State obligations, which are explored in the light of commonly accepted humanitarian standards. Lastly, the relationship between the obligation to ensure access to a minimum essential amount of food and water and the non-derogable right to life is examined.
期刊介绍:
Global Jurist offers a forum for scholarly cyber-debate on issues of comparative law, law and economics, international law, law and society, and legal anthropology. Edited by an international board of leading comparative law scholars from all the continents, Global Jurist is mindful of globalization and respectful of cultural differences. We will develop a truly international community of legal scholars where linguistic and cultural barriers are overcome and legal issues are finally discussed outside of the narrow limits imposed by positivism, parochialism, ethnocentrism, imperialism and chauvinism in the law. Submission is welcome from all over the world and particularly encouraged from the Global South.