CYIL Vol. 5, 2014

THE EXISTANCE OF THE RIGHT TO HUMANITARIAN ASSISTANCE … to dignity as a source and inspiration of the rights provided therein. Human dignity therefore consists of a set of human rights which must be afforded to all human beings by all others and social institutions and establishes the condition by which they can exercise their freedom and autonomy. 62 To conclude, the recognition that all people affected by a disaster have the right to assistance and protection to ensure their lives and well-being is based and justified on the universally accepted moral and legal principles of humanity and human dignity. These principles legitimize the provision of humanitarian assistance in different events, including disasters, with a view to preventing or alleviating human suffering on a large scale. The right to humanitarian assistance is further implied by basic human rights, the respect of which is necessary for the survival of the victims of natural disasters, particularly the right to life. Under international human rights law States are under permanent and universal obligation to provide protection to the people on their territory, which implies that victims of natural disasters are also entitled to such protection. They should enjoy the same rights and freedoms as others in the affected State. The question of derogation from certain human rights norms in times of public emergencies is however very pertinent to the event of natural disasters, considering that in case of major disasters and in line with its domestic legislation the affected State might proclaim a state of emergency on its territory, implying the suspension or restriction of certain human rights and freedoms. The circumstances in which such derogation is permissible are strictly regulated by relevant international human rights treaties. Certain rights, including the right to life, however, can never be derogated from, which means that they must always, in any situation, be protected, respected and fulfilled (non- derogable rights). These rights are always applicable, even in situations of natural disasters and even if there is a lack of resources in the affected State. It is undeniable that in the immediate aftermath of a natural disaster, a number of human rights on the respect of which the survival and the lives of victims of natural disasters depend, namely the right to life, the right to food, the right to health and medical services, the right to supply of water, the right to adequate housing, clothing and sanitation and the right to not be discriminated against, are under a serious threat. Effective humanitarian assistance, which comprises the provision of material goods and services essential for the survival of victims, depends on the timely securing of these basic human rights, while on the other hand, the protection and realization of these rights necessarily involves the timely provision of essential material goods and services. The right to humanitarian assistance is therefore the realization of and at the of Discrimination against Women (preamble), the International Convention for the Protection of All Persons from Enforced Disappearance (article 19), and the Convention on the Rights of the Child (preamble, articles 28, 37 and 40). 62 Capps, P., Human Dignity and the Foundations of International Law , Hart Publishing, Portland, 2009, p. 82.