CYIL vol. 14 (2023)

ELMIRA LYAPINA CYIL 14 (2023) of psycho-social support for those affected, 14 especially children. 15 The threat of the violence against women and children, brings another layer of danger to the right to health as well as the right to life of the survivors. 16 Also, inadequate shelter was reported in Türkiye’s Hatay region, where tents were provided near asbestos rubble removal despite the protests of the population. 17 Others claim that building regulations were not followed: Permits were given for buildings “which will survive the earthquake” at higher prices, but these were not built according to standards. This, as seen later from the case law, is a quite common and regular violation of the state. 18 In order to address the caused fatalities, damages, and not least violations of human rights caused by the natural disasters, it is important to assess the role of the state, whether it has an accountability in these events, and if so, how is it being achieved, and what are consequences, when the state decides to ignore its accountability and obligations. The importance of the actions of the state and state agents, and their accountability, is upheld through checks and balances and positive state obligations since the absence of adequate state accountability raises challenges to democracy. As in regard to democracy, there are several international organizations aimed to protect it and increase the level of the state responsibility towards its citizens and residents. Thus, in regard to Türkiye, which is a member state of the Council of Europe, this organization cannot be ignored. The main aim of the Council of Europe and its institutions, with its member states, is to ensure democracy, respect for human rights, and the rule of law in member states; thus, the positive obligations of the member states mentioned in the European Convention on Human Rights (further ECHR or Convention), which Türkiye is part of, shall be kept and followed within the dynamics of democratic values, for the protection of the aforementioned rule of law and human rights and freedoms. Within the interpretation of the European Court, the right to life, being one of the most significant and fundamental human rights, has many layers. Thus, the right to health, environmental rights, and right 14 KURT G., UYGUN E., AKER T., ACARTURK C. Addressing the mental health needs of those affected by the earth quakes in Türkiye, the Lancet – Correspondence , 2023, vol. 10, issue 4, p. 247–248, DOI: https://doi.org/10.1016/S2215 0366(23)00059-7, https://www.thelancet.com/journals/lanpsy/article/PIIS2215-0366(23)00059-7/fulltext. 15 EL-KHANI A, CALAM R., CLUVER L., RAKOTOMALALA S., MAALOUF W. Urgent help needed for children affected by the earthquake in Syria and Türkiye, the Lancet – Correspondence , 2023, vol. 10, issue 4, p. 246–247, DOI: https://doi.org/10.1016/S2215-0366(23)00060-3, https://www.thelancet.com/journals/ lanpsy/article/PIIS2215-0366(23)00060-3/fulltext. 16 Accountability to affected populations , IOM UN Migration, 2023, https://www.iom.int/sites/g/files/tmzbdl486/ files/our_work/DOE/humanitarian_emergencies/AAP/two-pagebriefonaap.pdf. 17 Protestors detained for trying to prevent uncontrolled rubble dumping in quake zone . 2023, April 4. Duvar English. https://www.duvarenglish.com/protestors-detained-for-trying-to-prevent-uncontrolled-rubble-dumping-in quake-zone-news-62155. 18 Constant violation of the Turkish legislation, as the Turkish Building Earthquake Code (TBEC-2018), using image processing methods at the early stages of the design process, see: AKAN A. E., BINGOL K., ÖRMECIOĞLU H.T., ER A. & ÖRMECIOĞLU T. O. Towards an earthquake-resistant architectural design with the image classification method, Journal of Asian Architecture and Building Engineering , 2023, DOI: https:// doi.org/10.1080/13467581.2023.2213299, also CAGLAR N., VURAL I., KIRTEL O., SARIBIYIK A., SUMER Y., Structural damages observed in buildings after the January 24, 2020 Elazığ-Sivrice earthquake in Türkiye, Case Studies in Construction Materials , 2023, Volume 18, e01886, ISSN 2214-5095, https://doi. org/10.1016/j.cscm.2023.e01886.

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