نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسنده English
States are obligated to adopt ex-ante measures, such as disaster response preparedness, and post-facto measures, such as the protection of persons during the occurrence of disasters. The objective is to ensure that in situations like disasters, the highest level of protection is afforded to individuals. Among the relevant rights, the right to health—encompassing access to health and medical services, and essential medicines—is of paramount importance. States are required to establish the necessary framework to guarantee this right, both before and after the occurrence of disasters, even at a minimal level, by enacting rules and regulations, determining political policy, and engaging in international cooperation with other states and international actors. The central question is: what obligations do states bear concerning the guarantee of the right to health, particularly for persons affected by disasters, and what is the approach of the International Law Commission (ILC) in this regard? The findings of this research, based on a descriptive-analytical method, indicate that states have positive obligations, such as taking necessary measures for disaster risk reduction, including prevention, among others. Correspondingly, the ILC, recalling the principle enshrined in the Sendai Framework that the primary responsibility for preventing and reducing disaster risk lies with all states, has emphasized that realizing this principle requires the implementation of integrated economic, structural, legal, social, health, cultural, educational, environmental, technological, and political measures. These measures will lead to the prevention or reduction of risk and vulnerability to disasters, enhanced preparedness for response and recovery, and consequently, strengthened resilience.
کلیدواژهها English