M. Prieur "International Human Rights Law and Nuclear Disasters"

Nuclear law does not provide much content regarding nuclear disasters and neither is this the case with international human rights law.  However, since international human rights law is universal, a human rights approach has to be applied to all States and the nuclear industry, before, during and after a nuclear disaster, in order to effectively limit the consequences of any disaster for health and the environment. After the Fukushima accident, the International Atomic Energy Agency (IAEA) pledged to implement the highest standard of nuclear safety but “forgot” to pledge the highest standard of human rights requirements.

A recommendation on legal and medical aspects of nuclear disasters adopted at a meeting at the Waseda University (Tokyo, Japan) in October 2014 was sent to the Sendai World conference of the United Nations about disaster risk reduction (UNDRR) of March 2015. In our speech we will reaffirm that there are no derogations on human rights during nuclear disasters. Also most human rights violations take place in nuclear disasters, especially the right to life, the right to health, the rights of displaced persons and the rights of future generations.  Therefore it is necessary to complete and strengthen International agreements in the nuclear sector and take seriously into account all aspects of international human rights law. This also needs to be transferred to national laws, regulations and specific requirements regarding the right to health.