Human rights and proactive displacement: determining the appropriate balance between the duty to protect and the right to remain

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Title: Human rights and proactive displacement: determining the appropriate balance between the duty to protect and the right to remain
Authors: McDermott, Ronan
Gibbons, Patrick
Permanent link: http://hdl.handle.net/10197/9459
Date: Jul-2017
Abstract: The proactive displacement by public authorities of populations from areas perceived to be exposed to a high risk of disaster presents complex human rights challenges. Provided that no ulterior motive is at play, the use of compulsory evacuations and relocations as policy responses to such risk is mandated by the duty to protect the right to life. However, proactive displacement in the interest of saving lives can be problematic as such measures can lead to the limitation of other human rights, resulting in an intricate assessment of whether compulsory evacuation or permanent relocation is proportional in any given circumstance. Such an analysis demands critical attention by public authorities to the perception of the disaster risk in question and problematises claims to objectivity of official risk assessments. Furthermore, it poses the question as to whether measures designed to address the disaster risk in question that are less intrusive than relocation may be available to public authorities.
Funding Details: European Commission
Type of material: Journal Article
Publisher: Wiley
Journal: Disasters
Volume: 41
Issue: 3
Start page: 587
End page: 605
Copyright (published version): 2017 the Authors
Keywords: HumansRisk assessmentDisaster planningHuman rightsHomeless persons
DOI: 10.1111/disa.12217
Language: en
Status of Item: Peer reviewed
Appears in Collections:Agriculture and Food Science Research Collection

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