CYIL vol. 14 (2023)

CYIL 14 (2023) EARTHQUAKES IN TÜRKIYE AS A VIOLATION OF HUMAN RIGHTS… to a standard of housing and living are just some dimensions of the right to life within the interpretation of the European Convention on Human Rights, although in the Convention itself such rights are not explicitly described. Within the interpretation of the positive obligations of the state, there are obligations in which the state shall ensure the prevention of human rights violations or abuses, even within natural disasters. According to geology scholars, 19 earthquakes, though expected 20 in the region, can hardly be predicted or prevented, but shall be prepared for. In order to assess whether the state has accountability towards the population affected by the earthquake in this situation, it is important to assess the role of the state, as well as state agents, in its actions towards its citizens and residents, before and in the aftermath of the aforementioned natural disasters, as well as their activities and the efficiency of such activities. A discussion follows regarding state accountability in natural disasters provided by European Court of Human Rights (ECtHR) case law and an overview of similar situations, including Türkiye’s experience with ECtHR judgments and their impact on the development of Turkish legislation and approaches to human rights. 2. ECtHR landmark cases on environmental sustainability, natural disasters in consideration of the right to life, and state accountability The intensifying recognition of the interconnection and interrelation between human rights and environmental protection has led to new approaches and reinterpretations of fundamental rights and positive obligations of states. Although the common steps for the climate change response were described a few years ago, they even led to the Paris Agreement, the “greening approach” of the courts, national and regional, started almost three decades ago. With the recognition of the effects of climate change, the responsibility of the states, even in cases of natural disasters, became more significant. At the beginning of the 1990s, a new perspective of the national courts could be seen throughout the world in a “greening approach” and even reinterpretation of the fundamental human right – “right to life” – within the frame of environmental sustainability. The Indian Supreme Court’s landmark decisions on expanding the interpretation of the “right to life” included the right to enjoy a clean environment in their different dimensions “ without which the life cannot be fully enjoyed ”. 21 This gave a new impetus to understanding the right to life, which is enshrined in numerous international and national legal instruments, including the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, and European Convention on Human Rights. The depth of this right is still under consideration and development. The interpretation of the courts is necessary, especially considering the briefness of, for example, Article 2 of the European Convention, which states, “Everyone’s right to life shall be protected by law. No one shall be deprived of 19 See: MAI P.M. et al. The Destructive Earthquake Doublet of 6 February 2023 in South‐Central Türkiye and Northwestern Syria: Initial Observations and Analyses. The Seismic Record GeoScienceWorld, 2023; 3 (2): 105– 115. doi: https://doi.org/10.1785/0320230007; also SIANKO, I., OZDEMIR, Z., HAJIRASOULIHA, I. et al. Probabilistic seismic risk assessment framework: case study Adapazari, Turkey. Bull Earthquake Eng 21 , 2023, 3133–3162. https://doi.org/10.1007/s10518-023-01674-2. 20 AFAD: Disaster and Emergency Management Authority, https://deprem.afad.gov.tr/event-instrumental. 21 See judgment of Indian Supreme Court in the case Virender Gaur v State of Haryana (1995) 2 SCC 577, on Article 21 in the Constitution of India 1949 on the “Right to Life” https://indiankanoon.org/doc/27930439/.

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