Children Law And Disasters

Extreme weather events, such as cyclones and hurricanes, are increasing in their frequency and intensity. This increase has been scientifically linked to global warming, which is induced by anthropogenic climate change. This phenomenon is disproportionately affecting developing States, such as the Caribbean and Pacific Islands, even though they are not contributing to climate change to the same extent as developed States or emerging markets, and having a devastating effect on people and their livelihoods. This book examines two critical aspects of this situation, to which no specific, singular source in public international law is applicable or responsible. This book first examines the manner in which public international law, in particular international environmental law and customary public international law, is applicable to the question of funding for reconstruction and early warning systems by developed States and emerging markets. As the intensity and frequency of these events increases, so does the requirement for funding, with the aim of improving vulnerable States resilience to climate-related devastation. While there are several schemes in place in order to secure funding for either early warning systems or postdisaster reconstruction, such as donations or insurance solutions, there is no specific instrument in public international law that deals with the question of whether developed States and emerging markets have an obligation to financially assist disaster-prone developing States with regard to the establishment of early warning systems and reconstruction in the wake of natural disasters. This book also analyses the right to receive humanitarian assistance and the State's obligation to provide early warning. In the aftermath of a calamitous event, the victims are largely dependent on the Sate and its capacity to organise and accept, if necessary, international humanitarian assistance. If the affected State refuses to do so, the consequences for the victims can be disastrous. With regard to humanitarian assistance, the book focuses on the application of human rights law on the international as well as regional levels, such as the African human rights system for example. In addition, the book outlines the doctrine of the responsibility to protect in this context and its practical limits in particular. As concerns the question of whether there is an obligation to provide early warning, this is assessed through an analysis of the case law of the European Court of Human Rights, also taking into account the jurisprudence of the Inter-American Human Rights system. Throughout its discussion of legal responsibility under international law resulting from climate change-induced natural disasters, this book takes into account the new developments around the International Law Commission's project on the "Protection of Persons in the Event of Disasters", which is now considered for treaty adoption.

Each year, disasters such as house fires, car accidents, tsunamis, earthquakes, and hurricanes impact hundreds of thousands of children. Child victims can suffer disproportionately and the physical and psychological damage sustained can far outweigh the same effects in adults, often requiring years of therapy. Sadly, emergency planners to date have

Introduction / Susan C. Breau and Katja L.H. Samuel -- Global capitalism and the crisis of the public interest - sleepwalking into diaster / Christopher Newdick -- Closing 'the yawning gap'? International disaster response law at fifteen / Kiresten Nakjavani Bookmiller -- Responses by states / Susan C. Breau -- Human rights and natural disasters / Kristian Cedervall Lauta -- Adverse human agency and disasters : a role for international criminal law? / Evelyne Schmid -- The international humanitarian law framework for humanitarian relief during armed conflicts and complex emergencies / Tilman Rodenhäuser and Gilles Giacca -- Disasters, international environmetal law and the Antropocene / Tim Stephens -- Sustainable development and disasters / Tahmina Karimova -- Disasters and international trade and investment law - the state's regulatory autonomy between risk protection and exception justification / Leïla Choukroune -- Responses by private corporations / Stefano Silingardi -- An evolving role for law and policy in addressing food security before, during and after a disaster / Anastasia Telesetsky -- Security implications of conflicts, crises and disasters in the international energy industry : legal and policy considerations / Tade Oyewunmi -- Water security / Ha Le Phan and Inga T. Winkler -- Tackling water contamination : development, human rights and disaster risk reduction / Marie Aronsson-Storrier and Haythem Salama -- The International law of wildfires / Michael Eburn -- Displacement in the context of disasters and adverse effects of climate change / Walter Kälin and Hannah Entwisle Chapuisat -- The protection of vulnerable groups / Mary Crock -- Disasters causd in cyberspace / James A. Green -- National contingency planning / Simon Whitbourn -- A duty of solidarity? The International law commission's draft articles and the right to offer assistance in disasters / Therese O'Donnell and Craig Allan -- Building resilience in post-conflict disaster contexts : children and transitional justice / Alison Bisset -- Dispute settlement in the aftermath of disasters / Lawrence Hill-Cawthorne

Children and disasters a progress report on addressing needs: hearing before the Ad Hoc Subcommittee on Disaster Recovery of the Committee on Homeland Security and Governmental Affairs, United States Senate, One Hundred Eleventh Congress, first session, De[c]ember 10, 2009.

This thoroughly revised second edition investigates the role of international law in preventing, preparing for and responding to both ‘sudden’ and ‘slow-onset’ disasters. With both revised and entirely new chapters, this Research Handbook explores international law in light of significant contemporary global challenges and developments in theory, law, and practice.

Children represent nearly 25 percent of our population. Consider that on any given weekday, 6.7 million children are in schools and child care, a time when children are most vulnerable because they are away from their families. Yet, only a handful of States require basic school evacuation and family reunification plans. The Strategic National Stockpile, intended to provide the public with medicine and medical supplies in the event of a public health emergency, is woefully under-stocked with medical countermeasures for children. This book examines existing capabilities that can and should be built upon to integrate children into preparedness, planning, response, and recovery. Meeting the needs of children in disaster planning and management is a national responsibility lacking not only sufficient funding, but also a pervasive concern, a sustained will to act, and a unifying force.

In recent years, major natural disasters -- ranging from the 2004 Indian Ocean tsunami to the 2010 Haiti earthquake -- have challenged the global community to ensure the survival and well-being of millions of individuals under the most difficult circumstances. Each of these natural disasters has created crisis spots with huge numbers of displaced individuals, including many children. The international community has struggled to deliver the resources needed to ensure a prompt and full recovery. In these settings, the challenges confronting children are particularly acute. Yet frequently children are marginalized and underserved by disaster response and reconstruction efforts. This symposium article examines the special circumstances facing children in post-disaster settings and the legal protections in place to ensure their rights and well-being. It seeks to draw attention to the lack of accounting for children's rights and suggest a framework for overcoming this failure -- children's rights mainstreaming The article begins by examining prevailing conceptions of children in post-disaster settings. It then reviews the existing legal framework to protect children following a natural disaster. This examination of current law unveils significant gaps in protections for children when they most need assistance: humanitarian law does not apply in the absence of armed conflict; human rights law has important limitations; and international disaster relief law is in a nascent stage. In the final section, this article proposes the mainstreaming of children's rights in post-disaster relief and reconstruction efforts in order to better ensure the rights and well-being of children and the longterm development of their communities.

Available Open Access under CC-BY-NC licence. Disasters are an increasingly common and complex combination of environmental, social and cultural factors. Yet existing response frameworks and emergency plans tend to homogenise affected populations as ‘victims’, overlooking the distinctive experience, capacities and skills of children and young people. Drawing on participatory research with more than 550 children internationally, this book argues for a radical transformation in children’s roles and voices in disasters. It shows practitioners, policy-makers and researchers how more child-centred disaster management, that recognises children’s capacity to enhance disaster resilience, actually benefits at-risk communities as a whole.