Protection of human rights in disasters associated with natural hazards: state duties of prevention

Abstract

Introduction: Disasters associated with natural hazards threaten fundamental rights when exposure, social inequality, and weaknesses in institutional prevention converge. Objective: To examine the legal duties of prevention incumbent upon public authorities and their relationship with human rights protection, focusing on Mexico and comparing selected international experiences. Method: A qualitative, legal-documentary, and comparative review examined constitutional and civil protection rules, international instruments, decisions of human rights bodies, and technical reports on documented events. The analysis applied the categories of foreseeability, due diligence, information and warning, differentiated protection, and accountability. Results: Mexico's Constitution and civil protection legislation provide enforceable grounds for identifying and managing risks, while the Sendai Framework guides public policy priorities. The comparison of events in Mexico, the United States, and Libya, together with international decisions concerning Australia and Russia, shows that attributing responsibility requires examining specific circumstances and does not follow automatically from the scale of damage. In Mexico, CENAPRED estimated losses of 88.91 billion Mexican pesos in 2023, equivalent to 0.3% of GDP. Conclusions: Legal protection requires assessment of prior knowledge of the hazard, the authority's competence, the reasonable measures available, and their foreseeable consequences, with particular attention to groups in situations of vulnerability.