Governance and Laws of Mountains - Impact of Global Changes on Mountains: Responses and Adaptation - page 180

which contributes for a bigger exposition to the human rights violation,
especially to the right of life. The effect of environmental disasters is felt
in a differentiated way by different groups, individuals and communities
because of their environmental vulnerabilities. It should be considered, as
emphasized by the environmental justice movement, that environmental
risks are not distributed in an equitable way and that factors such as poverty,
ethnic or racial composition can cause these risks and environmental costs
distribution.
When recognizing this diffi cult and not always desired connection,
the systems of protection of human rights (national and international)
could play an important role for protection of these individuals and
vulnerable groups in situations of ecological disasters. In this direction,
it is distinguished European Cut of Human Rights (Cut EDH) that has
an innovative and consolidated jurisprudence in ambient substance, it
recognizes that the right to the life is impinged upon by damages caused by
natural or manmade disasters. An example of recurrent risks of ecological
catastrophes, includes the cases of landslides and burials in mountainous
areas. This chapter uses a case of landslide in Brazil as a basis for analysis
for the recent disasters in Brazil (Santa Catarina 2008 and Rio De Janeiro
2010 and 2011).
Disasters and Climatic Changes in Brazil—Populations in Socio-
environmental Vulnerable Situation
To begin with, it is important to understand the meaning of the term
'ecological disaster' and it is necessary to establish its relation with the
ambient vulnerability before its effect, especially the one generated by
poverty. Disaster is a complex concept that can be understood from
different perspectives: social, ambient and economic. As described by
Lienhard (1995, p. 91), the notion of disaster refers to an event of great
magnitude, occurring in a particular location, at a precise moment and
involving instantly many individuals. Similarly, the ecological disaster be
caused strictly by human actions, such as developmental and technological
advancements that involve a certain level of risk; or it can be because of
natural phenomena aggravated by human interventions such as global
warming. In many documents of international organizations it is clear that a
lot of natural disasters can also be related to human activities (where human
actions have aggravated the situation for natural calamities as well). In the
Operational Guide on Human Rights and Natural Disasters, elaborated for
the IASC—Inter-Agency Standing Committee (2008) natural disaster are
exemplifi ed as “the consequences of events triggered by natural hazards
that overwhelm local response capacity and seriously affect the social and
economic development of a region, are traditionally seen as situations