This document discusses the right to adequate food in international human rights law and its implications. It provides an overview of key documents that have helped establish this right, including the Universal Declaration of Human Rights. It outlines the three levels of obligations states have - to respect, protect, and fulfill the right to adequate food. The document also examines how several countries have incorporated this right into domestic law and developed national strategies to progressively realize the right, with implications for development cooperation, governance, and indicators to monitor compliance.
1. The Right to Adequate Food
The Contribution of the
Right to Adequate Food to
Combating Global Hunger
Olivier De Schutter
IFPRI, 5 June 2012
2. The Right to Adequate Food -
1. The right to adequate food in international human rights law
Article 25 of the Universal Declaration of Human Rights
Article 11 of the International Covenant on Economic, Social and
Cultural Rights
Article 24(2) and 27(3) of the Convention on the Rights of the Child
2. The right to food rediscovered
3. Three levels of obligations
4. The governance framework
5. Implications at domestic level
6. Implications for development cooperation
7. Implications for global governance
IFPRI, 5 June 2012
3. The Right to Adequate Food -
2. The right to food rediscovered
The new understanding of hunger and malnutrition
The World Food Summit 1996 – commitment 5.2 of the Rome Plan of
Action: 1° to clarify the content of the right to adequate food; 2° to give
particular attention to implementation
General Comment No. 12 of the Committee on Economic, Social and
Cultural Rights on the right to adequate food (1999)
The World Food Summit, five years later 2002
Voluntary Guidelines in support of the progressive realization of the
right to adequate food in the context of national food security (FAO
Council, 23 Nov. 2004)
Rome Declaration of the World Summit on Food Security (16-18
November 2009)
IFPRI, 5 June 2012
4. The Right to Adequate Food -
The new understanding of hunger and malnutrition: the question of
entitlements
- Access, not mere availability
- The importance of accountability
- Adopting the perspective of the poorest
IFPRI, 5 June 2012
5. The Right to Adequate Food -
Declaration of the World Summit on Food Security (Rome, 16-18
November 2009)
While strides have been made, the overall efforts so far have fallen short of
achieving the Millennium Development Goals and the commitments of the
World Food Summits. We must collectively accelerate steps to reverse this
trend and to set the world on a path to achieving the progressive realization of
the right to adequate food in the context of national food security.
Principle 1: Invest in country-owned plans, aimed at channelling
resources to well- designed and results-based programmes and
partnerships.
Principle 2: Foster strategic coordination at national, regional and global
level to improve governance, promote better allocation of resources, avoid
duplication of efforts and identify response-gaps.
Principle 3: Strive for a comprehensive twin-track approach to food
security that consists of: 1) direct action to immediately tackle hunger for
the most vulnerable and 2) medium- and long-term sustainable
agricultural, food security, nutrition and rural development programmes
to eliminate the root causes of hunger and poverty, including through the
progressive realization of the right to adequate food.
IFPRI, 5 June 2012
6. The Right to Adequate Food -
Declaration of the World Summit on Food Security (Rome, 16-18 November
2009) (continued)
Principle 3: Strive for a comprehensive twin-track approach to food security
that consists of … medium- and long-term sustainable agricultural, food
security, nutrition and rural development programmes to eliminate the root
causes of hunger and poverty, including through the progressive realization of
the right to adequate food.
16. We affirm the right of everyone to have access to safe, sufficient and nutritious
food, consistent with the progressive realization of the right to adequate food in the
context of national food security. We will strive for a world free from hunger where
countries implement the “Voluntary guidelines for the progressive realization of the
right to adequate food in the context of national food security” and we will support
the practical application of the guidelines based on the principles of participation,
transparency and accountability.
Principle 4: Ensure a strong role for the multilateral system by sustained
improvements in efficiency, responsiveness, coordination and effectiveness of
multilateral institutions.
Principle 5: Ensure sustained and substantial commitment by all partners to
investment in agriculture and food security and nutrition, with provision of
necessary resources in a timely and reliable fashion, aimed at multi-year plans
and programmes.
IFPRI, 5 June 2012
7. The Right to Adequate Food -
1. The right to adequate food in international human rights law
2. The right to food rediscovered
3. Three levels of obligations
4. The governance framework
5. Implications at domestic level
6. Implications for development cooperation
7. Implications for global governance
IFPRI, 5 June 2012
8. The Right to Adequate Food -
Asbjorn Eide, The Right to Adequate Food as a Human Right, Report to
the UN Sub-Commission on the Prevention of Discrimination and the
Protection of Minorities (1987)
IFPRI, 5 June 2012
9. The Right to Adequate Food -
DUTY TO RESPECT Abstain from interfering Evictions of farmers,
with enjoyment of the right destruction of crops,
interruption of food aid
DUTY TO PROTECT Control private actors to Ensure employers pay living
ensure that they do not adopt wage, address speculation by
conduct that leads to traders, enforce prohibition of
violations of the right to advertising breastmilk
food substitutes
DUTY TO FULFIL Create conditions allowing Support agricultural
(FACILITATE AND markets to support access to development, social protection
PROVIDE) food or, where people cannot schemes, provision of food aid
have access to food for to face natural calamities…
reasons beyond their control,
provide them with food
IFPRI, 5 June 2012
10. The Right to Adequate Food -
n UN Committee on Economic, Social and Cultural Rights, General
Comment No. 12: The right to adequate food (Art.11)
n The right to adequate food includes :
n 1. A requirement of availability
n 2. A requirement of accessibility (physical, legal and economic)
n 3. A requirement of adequacy (not only macronutrients, also
micronutrients: essential vitamins, zinc, iron, iodine) – diversity of diets
n 4. A requirement of absorption (utilization): education about nutrition
(including breastfeeding practices), health, social protection
IFPRI, 5 June 2012
11. The Right to Adequate Food -
n UN Committee on Economic, Social and Cultural Rights, General
Comment No. 12: The right to adequate food (Art.11)
n The right to adequate food, like any other human right, imposes three types
or levels of obligations on States parties: the obligations to respect, to
protect and to fulfil. In turn, the obligation to fulfil incorporates both an
obligation to facilitate and an obligation to provide. The obligation to
respect existing access to adequate food requires States parties not to take
any measures that result in preventing such access. The obligation to
protect requires measures by the State to ensure that enterprises or
individuals do not deprive individuals of their access to adequate food. The
obligation to fulfil (facilitate) means the State must pro-actively engage in
activities intended to strengthen people's access to and utilization of
resources and means to ensure their livelihood, including food security.
Finally, whenever an individual or group is unable, for reasons beyond
their control, to enjoy the right to adequate food by the means at their
disposal, States have the obligation to fulfil (provide) that right directly.
This obligation also applies for persons who are victims of natural or other
disaster.
IFPRI, 5 June 2012
12. The Right to Adequate Food -
1. The right to adequate food in international human rights law
2. The right to food rediscovered
3. Three levels of obligations
4. The governance framework : national strategies, framework laws,
requirements of participation, accountability, non-discrimination,
transparency, and rule of law
5. Implications at domestic level
6. Implications for development cooperation
7. Implications for global governance
IFPRI, 5 June 2012
13. The Right to Adequate Food -
National strategies - which advantages?
• turns policy objectives into duties
• managing a complex process and facilitating coordination
across various departments and levels of government
• ensuring appropriate earmarking of funds, creating stable
and predictable framework for private investors
• allocating responsibilities between actors and ensuring
accountability, thus concretizing the right and encouraging
justiciability or non-judicial monitoring of progress towards
time-bound objectives, and permanent evaluation
• promoting public debate and participation in the
identification of goals and means
• public statement of support by the government in favor of the
fulfilment of the objective
• manages a transition from short-term to long-term objectives
The added value of a framework law
IFPRI, 5 June 2012
14. The Right to Adequate Food
The (Brazilian) Law of 15 September 2006 establishing a National
Food and Nutritional Security System (SISAN)
CONSEA Inter-Ministerial Chamber for food and nutritional security
2/3 civil society Adopts national policy and plan
1/3 government
IFPRI, 5 June 2012
15. The Right to Adequate Food
Indicators and benchmarks – monitoring the progressive
realization of the right to adequate food
STRUCTURAL PROCESS INDICATORS OUTCOME
INDICATORS INDICATORS
1. Ratification of Public expenditures, Degree to which the
international policies implemented different normative
instruments components of the right are
2. Legislative and realized
institutional
framework
Intentions of the State ; Efforts made by the State to Results achieved: success in
signs of goodwill effectively implement the meeting the targets
right, to move from the Ensures learning about
framework to outcomes which policies work
Depends on the State Depends on the State but Depends on intentions and
also on financial capacity efforts of the State, but also
on external factors or factors
independent of the State
IFPRI, 5 June 2012
16. The Right to Adequate Food
DUTY TO RESPECT DUTY TO PROTECT DUTY TO FULFIL
Constitutional and Regulatory framework to National strategies developed
legislative safeguards control non-State actors w/ participation of CSOs /
POs, with targets, timelines,
allocation of responsibilities
and independent monitoring
Parliaments: improve const. Parliaments: promote Parliaments : promote
and legislative framework; competition law, regulate framework laws ; ensure
screen new laws and abuses of traders or input budgets comply with
policies for their providers; budgets to CAADP commitments
implications on the right to strengthen labor Courts and NHRIs: monitor
food inspectorates; track use of implementation of existing
public revenues strategies
Use existing constitutional Develop farmers’ markets, Convene national
and legislative provisions organize farmers into roundtables to identify
(right to life, equality cooperatives, provide problems and priorities
provisions, right to information to State bodies
property…)
IFPRI, 5 June 2012
17. The Right to Adequate Food
1. The right to adequate food in international human rights law
2. The right to food rediscovered
3. Three levels of obligations
4. The governance framework
5. Implications at domestic level
6. Implications for development cooperation
7. Implications for global governance
IFPRI, 5 June 2012
18. The Right to Adequate Food
Argentina : Law creating the National Nutrition and Food Program, 17
January 2003
Guatemala : National Nutrition and Food Security System Law, 6 April
2005
Ecuador : Nutrition and Food Security Law, 27 April 2006
Brazil : Law creating the National Nutrition and Food Security System,
15 September 2006
Venezuela : Nutrition and Food Security Law, Ley Orgánica de
Seguridad y Soberanía Agroalimentaria, 31 July 2008
Nicaragua: Law of Food and Nutritional Security and Sovereignty
(SSAN), 19 June 2009
IFPRI, 5 June 2012
21. The Right to Adequate Food
The Role of Courts: The Example of the ‘Right to Food Case’ in India:
public interest litigation Petition (Civil) No. 196/2001,
People’s Union for Civil Liberties v. Union of India & Others (PUCL)
- 500 affidavits by PUCL and defendants
- 70 interim court orders from Supreme Court and High Courts
- Supreme Court Commissioners to monitor implementation
Commissioner of the
Court with PUCL
representative
monitoring midday
school meal program
in the village of Tiua,
Bihar
IFPRI, 5 June 2012
22. The Right to Adequate Food
1. The right to adequate food in international human rights
law
2. The right to food rediscovered
3. Three levels of obligations
4. The governance framework
5. Implications at domestic level
6. Implications for development cooperation
7. Implications for global governance
IFPRI, 5 June 2012
23. The Right to Adequate Food
Joint Statement by the UN Committee on Economic, Social and Cultural
Rights and the Special Procedures on The Millenium Development Goals
and Economic, Social and Cultural Rights (29 November 2002):
... human rights, including economic, social and cultural rights help to realize
any strategy to meet the MDGs for example by: (i) providing a compelling
normative framework, underpinned by universally recognized human values
and reinforced by legal obligations, for the formulation of national and
international development policies towards achieving the MDGs ; (ii) raising
the level of empowerment and participation of individuals; (iii) affirming
the accountability of various stakeholders, including international
organizations and NGOs, donors and transnational corporations, vis-à-vis
people affected by problems related to poverty, hunger, education, gender
inequality, health, housing and safe drinking water; and (iv) reinforcing the
twin principles of global equity and shared responsibility which are the
very foundation for the Millennium Declaration.
IFPRI, 5 June 2012
24. The Right to Adequate Food
The Human Rights Based Approach to Development
Cooperation-Towards a Common Understanding Among UN
Agencies (2003)
...the application of ‘good programming practices’ does not by itself
constitute a human rights-based approach, and requires additional
elements.
The following elements are necessary, specific, and unique to a
human rights-based approach:
a) Assessment and analysis in order to identify the human rights
claims of rights-holders and the corresponding human rights
obligations of duty-bearers as well as the immediate, underlying,
and structural causes of the non-realization of rights.
b) Programmes assess the capacity of rights-holders to claim their
rights, and of dutybearers to fulfill their obligations. They then
develop strategies to build these capacities.
...
IFPRI, 5 June 2012
25. The Right to Adequate Food
c) Programmes monitor and evaluate both outcomes and processes
guided by human rights standards and principles.
d) Programming is informed by the recommendations of
international human rights bodies and mechanisms.
Other elements of good programming practices that are also
essential under a HRBA, include:
1. People are recognized as key actors in their own development,
rather than passive recipients of commodities and services.
2. Participation is both a means and a goal.
3. Strategies are empowering, not disempowering.
4. Both outcomes and processes are monitored and evaluated.
5. Analysis includes all stakeholders.
6. Programmes focus on marginalized, disadvantaged, and excluded
groups.
7. The development process is locally owned.
IFPRI, 5 June 2012
26. The Right to Adequate Food
8. Programmes aim to reduce disparity.
9. Both top-down and bottom-up approaches are used in synergy.
10. Situation analysis is used to identity immediate, underlying, and
basic causes of development problems.
11. Measurable goals and targets are important in programming.
12. Strategic partnerships are developed and sustained.
13. Programmes support accountability to all stakeholders.
IFPRI, 5 June 2012
27. The Right to Adequate Food
Jeffrey Sachs, The End of Poverty (2005)
William Easterly, The
Elusive Quest for Growth
(2001)
IFPRI, 5 June 2012
28. The Right to Adequate Food
William Easterly, The Elusive Quest for Growth (2001)
‘Rather than worrying about how much in-
vestment is ‘needed’ to sustain a given
growth rate [Harrod-Domar model], we
should concentrate on strengthening incen-
tives to invest in the future and let the va-
rious forms of investment play out how
they may. (...) Giving aid on the basis of
the financing gap creates perverse incenti-
ves for the recipient (...). The financing gap
is larger, and aid larger, the lower the
saving of the recipient. This creates incen-
tives against the recipient’s marshaling its
own resources for development’
IFPRI, 5 June 2012
29. The Right to Adequate Food
William Easterly, The White Man’s Burden (2006)
Planners v. Searchers
The Legend of the Big Push
You Can’t Plan a Market
The Rich Have Markets, the Poor Have Bureaucrats
IFPRI, 5 June 2012
30. The Right to Adequate Food
The right to food in development cooperation
Supply-driven Demand-driven: based on a
mapping of needs and co-
designed by beneficiaries
Bilateral Triangular: donor-host
government-local
communities
Charity-based Entitlements-based: clear
definition of rights and
claims mechanisms
Focus on where efficiency Focus on the needs of the
of interventions is greatest marginalized groups and
women
Assessment made Participatory assessment
unilaterally and based on based on the normative
criteria set by donors components of the right to
food
IFPRI, 5 June 2012