Prevention of Natural Disasters: Situation in Georgia and its Compliance with European Human Rights Standards

Authors

  • Konstantin Korkelia

DOI:

https://doi.org/10.60131/jlaw.1.2025.9292

Keywords:

Natural Disasters, Right to Life, European Convention, Flood in Tbilisi, Disaster in Shovi.

Abstract

Article 2 of the European Convention on Human Rights (Right to Life) imposes an obligation on the state to take measures aimed at preventing threats to human life caused by natural disasters. In order to fulfill this obligation, the state must establish regulatory legislation aimed at preventing violations of the right to life due to natural disasters and take practical measures to protect life in such situations.

This paper aims to analyze the compliance of Georgia’s regulatory framework and practices on the prevention of natural disasters with European human rights standards. To achieve this goal, the paper examines the European Court of Human Rights case law, which serves as a foundation for analyzing the scope and content of state obligations. Subsequently, the paper reviews Georgia’s legislation regulating natural disaster management, followed by an analysis of the country’s practical approach. In particular, it focuses on two recent events that resulted in particularly high casualties – the 2015 Tbilisi flood and the 2023 disaster in Racha. Based on this analysis, the paper offers recommendations for improving the situation in Georgia and preventing future loss of life caused by natural disasters.

Author Biography

Konstantin Korkelia

Professor of International Human Rights Law, Faculty of Law Ivane Javakhishvili Tbilisi State University; Member of the UN Human Rights Committee. The opinions expressed in this paper are those of the author and do not reflect the position of the UN Human Rights Committee.

References

Constitution of Georgia, Article 29.1.

The Law of Georgia on Civil Safety, June 27, 2018.

The Law of Georgia on the Rules for Planning and Coordination of National Security Policy, March 4, 2015.

The Law of Georgia on Environmental Protection, December 10, 1996.

"Georgia’s National Strategy for Disaster Risk Reduction 2017–2020 and Its Action Plan," Government Decree No. 4, 11 January 2017.

Kravchenko S., Bonine J. E., Interpretation of Human Rights for the Protection of the Environment in the European Court of Human Rights, Pacific McGeorge Global Business Development Law Journal, 25, No.1, 2012.

Pedersen O. W., The European Court of Human Rights and International Environmental Law, in: The Human Right to a Healthy Environment, J. H. Knox and R. Pejan (eds.), 2018.

Imparato E., The Right to Life Passes Through the Right to a Healthy Environment: Jurisprudence in Comparison, Widener Law Review 22, No.1, 2016.

Dickson B., Positive Obligations and the European Court of Human Rights, Northern Ireland Legal Quarterly, 61, No. 3, 2010.

Budayeva and Others v. Russia, March 20, 2008.

Kolyadenko v. Russia, February 28, 2012.

Murilos Saldias v. Spain, ruling, November 28, 2006.

M. Özel and Others v. Turkey, November 17, 2015.

Viviani and Others v. Italy, April 16, 2015.

Published

2025-06-30

How to Cite

Korkelia, K. (2025). Prevention of Natural Disasters: Situation in Georgia and its Compliance with European Human Rights Standards. Journal of Law , (1), 459–483 (Geo). https://doi.org/10.60131/jlaw.1.2025.9292

Issue

Section

Articles

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