Universities – Disaster law falling short on housing rights – study

Source: University of Auckland

Before the next disaster strikes, Aotearoa New Zealand needs stronger legal protections for people’s right to housing or we risk repeating failures seen after the Canterbury earthquakes, says University of Auckland legal scholar Dr Maude Loutsch.

As extreme weather events and natural disasters become more frequent, Loutsch says disaster response law is becoming increasingly important.

In her thesis, she argues for a human rights-based approach to effectively protect the right to adequate housing in disaster contexts. Such an approach would shift the focus from housing solely as physical infrastructure, to housing as a human right tied to dignity, community, culture and wellbeing. (ref. https://researchspace.auckland.ac.nz/items/31010ce1-04f5-4c3a-b576-240077616662 )

Loutsch says existing legal tools in the area are fragmented, limiting clarity and accountability. She explores avenues for reform, calling on governments to take a more active role in defining, promoting and monitoring the human right to housing amid natural disasters. 

Her research examines disaster responses in Tonga, New Zealand and Japan, including New Zealand’s response following the Canterbury earthquakes and Cyclone Gabrielle.

The analysis uncovers a gap between legal commitments and action and identifies shortcomings, including a narrow recognition of the right to adequate housing, a failure to place human rights standards at the forefront of disaster responses, limited participation by disaster victims, discriminatory practices, and limited avenues for redress.

MIL OSI