Author/Authors :
ŞAHİN, Kemal Yalova Üniversitesi - Hukuk Fakültesi - İnsan Hakları Hukuku, Genel Kamu Hukuku, Turkey
Abstract :
Due to their unpredictable nature, natural disasters cause extensive damages to life and property, which has so far claimed many lives in many parts of the world in the history of mankind. Being one of the most vulnerable countries in the world, Turkey is exposed to some major natural hazards, such as earthquakes, landslides, avalanches, floods, etc. Even though the natural disasters –by their way of occurrence- have no direct connection with man-controlled activities, the degree of their impact on human life is to a great extent affected by man-factor. Therefore, with such aspects natural disasters fall within the subject of law, and specifically of human rights law as they concern to loss of life and property. So essential is the role and the duty of the State to reduce the risks to human life and property in case of a natural disaster that it should be assessed also by international adjudication in human rights. It was the Budayeva judgment through which The European Court of Human Rights did such a job, setting the criteria for the determination, and clearing the lines of the latitude of the State’s responsibility to protect both the life and property in case of a natural disaster. The Court’s assessment is based not only on the theoretical framework for which the State should provide for an appropriate response to such disasters through an abstract legislation but also on the authorities’ actions –however they are administrative or judicial in nature- in individual cases to minimize the risks to human life and property. Through a detailed analysis of Budayeva judgment and –if necessary- the Court’s other most relevant judgments, this study focuses on the evaluation of Turkish domestic law whether or not it is compatible with the case law of the ECHR in the right to life and the right to property adjudication, which especially concerns to the State’s role and responsibility in case of a natural disaster.
NaturalLanguageKeyword :
The European Court of Human Rights , right to life , right to property , positive obligation , strict liability
