Desastres, pobreza e justiça distributiva. Reflexões e perspectivas a partir do caso Öneryildiz versus Turquia

Share
This work consists of a case study that examines the relationship between disasters, poverty and distributive justice, focusing on the sentence of the case Öneryildiz versus Turkey, handed down by the European Court of Human Rights, on November 30, 2004. The research explores the role of distributive justice in the context of civil liability for disasters and emphasizes the need for a comprehensive understanding of the responsibilities and obligations of States and individuals in addressing the impacts of disasters on marginalized communities. The study begins by analyzing the jurisprudence of the aforementioned court and how it shapes the discourse on distributive justice and civil liability. It emphasizes the obligations imposed on States by the European Convention on Human Rights in relation to the civil liability systems of States that have ratified it. Furthermore, it investigates the interaction between distributive and corrective justice in the field of civil liability. This analysis seeks to go beyond traditional approaches that focus only on compensatory measures and explores the potential of distributive justice principles to deal with social and economic inequalities exacerbated by disasters, mainly in the deterrent and preventive aspects. The concept of “resilient repair” is examined, highlighting the importance of integrating resilience-building measures into post-disaster compensation processes. Through empirical analyzes and theoretical reflections, this study highlights the importance of distributive justice in disaster management, defending the equitable allocation of resources, defending vulnerable populations and creating preventive structures to reduce the impact of future disasters. This research contributes to understanding the role of distributive justice in the context of civil liability for disasters, considering poverty as one of the main vulnerability factors, offering reflections, theoretical analyzes and practical recommendations for those interested in the relationship between disasters, poverty and distributive justice ​
This document is licensed under a Creative Commons:Attribution - Non commercial - No Derivate Works (by-nc-nd) Creative Commons by-nc-nd4.0