Special
Rapporteur on the Right to Food
International Standards
Universal
Standards
Universal Declaration of Human Rights
Article 25
1. Everyone has the right to a standard of living adequate for the health
and well-being of himself and of his family, including food, clothing,
housing and medical care and necessary social services, and the right to
security in the event of unemployment, sickness, disability, widowhood, old
age or other lack of livelihood in circumstances beyond his control.
International Covenant on Economic, Social and
Cultural Rights
Article 11
1. The States Parties to the present Covenant recognize the right of
everyone to an adequate standard of living for himself and his family,
including adequate food, clothing and housing, and to the continuous
improvement of living conditions. The States Parties will take appropriate
steps to ensure the realization of this right, recognizing to this effect
the essential importance of international co-operation based on free
consent.
2. The States Parties to the present Covenant, recognizing the
fundamental right of everyone to be free from hunger, shall take,
individually and through international co-operation, the measures,
including specific programmes, which are needed:
(a) To improve methods of production, conservation and distribution of food
by making full use of technical and scientific knowledge, by disseminating
knowledge of the principles of nutrition and by developing or reforming
agrarian systems in such a way as to achieve the most efficient development
and utilization of natural resources;
(b) Taking into account the problems of both food-importing and
food-exporting countries, to ensure an equitable distribution of world food
supplies in relation to need.
Article 2.2
The States Parties to the present Covenant undertake to guarantee that the
rights enunciated in the present Covenant will be exercised without
discrimination of any kind as to race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or
other status.
International Covenant on Civil and Political Rights
Article 6
1. Every human being has the inherent right to life. This right shall be
protected by law. No one shall be arbitrarily deprived of his life.
Common provision of the International Covenants
Article 1.2 states that “All
peoples may, for their own ends, freely dispose of their naturalwealth and
resources. ... In no case may a people be deprived of its ownmeans of
subsistence.”
Food
Aid Convention, 1999
Article I – Objectives
The objectives of this Convention are to contribute to world food
security and to improve the ability of the international community to
respond to emergency food situations and other food needs of developing
countries by:
(a) making appropriate levels of food aid available on a predictable basis,
as determined by the provisions of this Convention;
(b) encouraging members to ensure that the food aid provided is aimed
particularly at the alleviation of poverty and hunger of the most
vulnerable groups, and is consistent with agricultural development in those
countries,
(c) including principles for maximising the impact, the effectiveness and
quality of the food aid provided as a tool in support of food security;
and,
(d) providing a framework for cooperation, coordination and
information-sharing among members on food aid related matters to achieve
greater efficiency in all aspects of food aid operations and better
coherence between food aid and other policy instruments.
Universal Declaration on the Eradication of Hunger
and Malnutrition, 1974
...
(b) [Recognizing that] The elimination of hunger and malnutrition ... and
the elimination of the causes that determine this situation are the common
objectives of all nations;
1. Every man, woman, and child has the inalienable right to be free from
hunger and malnutrition in order to develop fully and maintain their
physical and mental faculties. Society today already possesses sufficient :
resources, organisational ability and technology and hence the competence
to achieve this objective. Accordingly, the eradication of hunger is a
common objective of all the countries of the international community,
especially of the developed countries and others in a position to help.
2. It is a fundamental responsibility of Governments to work together for
higher food production and a more equitable and efficient distribution of
food between countries and within countries. ...
World Declaration on Nutrition, 1992
1. ... We recognize that access to nutritionally adequate and safe food
is a right of each individual. We recognize that globally there is enough
food for all and that inequitable access is the main problem. Bearing in
mind the right to an adequate standard of living, including food, contained
in the Universal Declaration of Human Rights, we pledge to act in
solidarity to ensure that freedom from hunger becomes a reality.
Food and Agriculture Organization of the United Nations (FAO)
Rome Declaration on World Food Security, 1996
Plan of Action of the World Food Summit,
1996
Declaration of the World Food Summit: five years
later, 2002
Voluntary Guidelines to Support the Progressive
Realization of the Right to Adequate Food in the Context of National Food
Security
Vienna Declaration and Programme of Action
31. The World Conference on Human Rights calls upon States to refrain
from any unilateral measure not in accordance with international law and
the Charter of the United Nations that creates obstacles to trade relations
among States and impedes the full realization of the human rights set forth
in the Universal Declaration of Human Rights and international human rights
instruments, in particular the rights of everyone to a standard of living
adequate for their health and well-being, including food and medical care,
housing and the necessary social services. The World Conference on Human
Rights affirms that food should not be used as a tool for political
pressure.
General Assembly Resolution
51/171, 1996 - Food and sustainable agricultural development
The General Assembly,
…
Reaffirming the right of everyone to have access to safe and nutritious
food consistent with the right to adequate food and the fundamental right
of everyone to be free from hunger,
…
International
Humanitarian Law
Geneva Convention (III) relative to the Treatment of
Prisoners of War
Article 20 states that “The Detaining Power shall supply
prisoners of war who are being evacuated with sufficient food and potable
water, …“
Article 26 states that “The basic daily food rations shall
be sufficient in quantity, quality and variety to keep prisoners of war in
good health and to prevent loss of weight or the development of nutritional
deficiencies. Account shall also be taken of the habitual diet of the
prisoners.
The Detaining Power shall supply prisoners of war who work with such
additional rations as are necessary for the labour on which they are
employed. Sufficient drinking water shall be supplied to prisoners of war.
The use of tobacco shall be permitted. Prisoners of war shall, as far as
possible, be associated with the preparation of their meals; they may be
employed for that purpose in the kitchens. Furthermore, they shall be given
the means of preparing, themselves, the additional food in their
possession. Collective disciplinary measures affecting food are
prohibited.”
Geneva Convention (IV) relative to the Protection of
Civilian Persons in Time of War
Article 23 states that “Each High Contracting Party …
shall likewise permit the free passage of all consignments of essential
foodstuffs, clothing and tonics intended for children under fifteen,
expectant mothers and maternity cases.”
Article 36 states that “Departures permitted under the
foregoing Article shall be carried out in satisfactory conditions as
regards safety, hygiene, sanitation and food. “
Article 49 states that “The Occupying Power undertaking
such transfers or evacuations shall ensure, to the greatest practicable
extent, that proper accommodation is provided to receive the protected
persons, that the removals are effected in satisfactory conditions of
hygiene, health, safety and nutrition,…”
Article 55 states that “To the fullest extent of the means
available to it, the Occupying Power has the duty of ensuring the food and
medical supplies of the population; it should, in particular, bring in the
necessary foodstuffs, medical stores and other articles if the resources of
the occupied territory are inadequate. The Occupying Power may not
requisition foodstuffs, articles or medical supplies available in the
occupied territory, except for use by the occupation forces and
administration personnel, and then only if the requirements of the civilian
population have been taken into account. … The Protecting Power shall, at
any time, be at liberty to verify the state of the food and medical
supplies in occupied territories, except where temporary restrictions are
made necessary by imperative military requirements.”
Article 89 states that “Daily food rations for internees
shall be sufficient in quantity, quality and variety to keep internees in a
good state of health and prevent the development of nutritional
deficiencies. Account shall also be taken of the customary diet of the
internees. Internees shall also be given the means by which they can
prepare for themselves any additional food in their possession. Sufficient
drinking water shall be supplied to internees. … Internees who work shall
receive additional rations in proportion to the kind of labour which they
perform. Expectant and nursing mothers and children under fifteen years of
age, shall be given additional food, in proportion to their physiological
needs.”
Protocol Additional to the Geneva Conventions of 12
August 1949, and relating to the Protection of Victims of International
Armed Conflicts (Protocol I)
Article 54 - Protection of objects indispensable to the survival
of the civilian population provides at its first alinea that
“Starvation of civilians as a method of warfare is prohibited.” and at its
second alinea that “It is prohibited to attack, destroy, remove or render
useless objects indispensable to the survival of the civilian population,
such as food-stuffs, agricultural areas for the production of food-stuffs,
crops, livestock, drinking water installations and supplies and irrigation
works, for the specific purpose of denying them for their sustenance value
to the civilian population or to the adverse Party, whatever the motive,
whether in order to starve out civilians, to cause them to move away, or
for any other motive.”
Protocol Additional to the Geneva Conventions of 12
August 1949, and relating to the Protection of Victims of Non-International
Armed Conflicts (Protocol II)
Article 14 - Protection of objects indispensable to the survival
of the civilian population
states that “Starvation of civilians as a method of combat is
prohibited. It is therefore prohibited to attack, destroy, remove or render
useless for that purpose, objects indispensable to the survival of the
civilian population such as food-stuffs, agricultural areas for the
production of food-stuffs, crops, livestock, drinking water installations
and supplies and irrigation works.”
Specific
groups
Convention on the Rights of the Child
Article 24
1. States Parties recognize the right of the child to the enjoyment of the
highest attainable standard of health and to facilities for the treatment
of illness and rehabilitation of health. States Parties shall strive to
ensure that no child is deprived of his or her right of access to such
health care services.
2. States Parties shall pursue full implementation of this right and, in
particular, shall take appropriate measures:
(c) To combat disease and malnutrition, including within the framework of
primary health care, through, inter alia, the application of readily
available technology and through the provision of adequate nutritious foods
and clean drinking-water, taking into consideration the dangers and risks
of environmental pollution;
(e) To ensure that all segments of society, in particular parents and
children, are informed, have access to education and are supported in the
use of basic knowledge of child health and nutrition, the advantages of
breastfeeding, hygiene and environmental sanitation and the prevention of
accidents;
Article 27
1. States Parties recognize the right of every child to a standard of
living adequate for the child's physical, mental, spiritual, moral and
social development.
World Declaration on the Survival, Protection and Development
of Children, 1990
20. ...
(3) We will work for optimal growth and development in childhood, through
measures to eradicate hunger, malnutrition and famine, and thus to relieve
millions of children of tragic sufferings in a world that has the means to
feed all its citizens.
...
Convention on the Elimination of All Forms of
Discrimination against Women
Article 12
2. Notwithstanding the provisions of paragraph I of this article, States
Parties shall ensure to women appropriate services in connection with
pregnancy, confinement and the post-natal period, granting free services
where necessary, as well as adequate nutrition during pregnancy and
lactation.
Article 14
2. States Parties shall take all appropriate measures to eliminate
discrimination against women in rural areas in order to ensure, on a basis
of equality of men and women, that they participate in and benefit from
rural development and, in particular, shall ensure to such women the right:
(h) To enjoy adequate living conditions, particularly in relation to
housing, sanitation, electricity and water supply, transport and
communications.
Convention on the Rights of Persons with Disabilities
Article 25 - Health
States Parties recognize that persons with disabilities have the right to
the enjoyment of the highest attainable standard of health without
discrimination on the basis of disability. States Parties shall take all
appropriate measures to ensure access for persons with disabilities to
health services that are gender-sensitive, including health-related
rehabilitation. In particular, States Parties shall:
(f) Prevent discriminatory denial of health care or health services or food
and fluids on the basis of disability.
Article 28 - Adequate standard of living and social
protection
1. States Parties recognize the right of persons with disabilities to an
adequate standard of living for themselves and their families, including
adequate food, clothing and housing, and to the continuous improvement of
living conditions, and shall take appropriate steps to safeguard and
promote the realization of this right without discrimination on the basis
of disability.
2. States Parties recognize the right of persons with disabilities to
social protection and to the enjoyment of that right without discrimination
on the basis of disability, and shall take appropriate steps to safeguard
and promote the realization of this right, including measures:
(a) To ensure equal access by persons with disabilities to clean water
services, and to ensure access to appropriate and affordable services,
devices and other assistance for disability-related needs; …
Declaration on the Rights of Indigenous Peoples
Article 24
1. Indigenous peoples have the right to their traditional medicines and to
maintain their health practices, including the conservation of their vital
medicinal plants, animals and minerals. Indigenous individuals also have
the right to access, without any discrimination, to all social and health
services.
2. Indigenous individuals have an equal right to the enjoyment of the
highest attainable standard of physical and mental health. States shall
take the necessary steps with a view to achieving progressively the full
realization of this right.
Article 26
1. Indigenous peoples have the right to the lands, territories and
resources which they have traditionally owned, occupied or otherwise used
or acquired.
2. Indigenous peoples have the right to own, use, develop and control the
lands, territories and resources that they possess by reason of traditional
ownership or other traditional occupation or use, as well as those which
they have otherwise acquired.
3. States shall give legal recognition and protection to these lands,
territories and resources. Such recognition shall be conducted with due
respect to the customs, traditions and land tenure systems of the
indigenous peoples concerned.
Convention relating to the Status of Refugees
Article 20 - Rationing
Where a rationing system exists, which applies to the
population at large and regulates the general distribution of products in
short supply, refugees shall be accorded the same treatment as nationals.
Convention relating to the Status of Stateless
Persons
Article 20 - Rationing
Where a rationing system exists, which applies to the population
at large and regulates the general distribution of products in short
supply, stateless persons shall be accorded the same treatment as
nationals.
Standard Minimum Rules for the Treatment of Prisoners
Food
20. (1) Every prisoner shall
be provided by the administration at the usual hours with food of
nutritional value adequate for health and strength, of wholesome quality
and well prepared and served.
(2) Drinking water shall be available to every
prisoner whenever he needs it.
Guiding Principles on Internal Displacement
Principle 18 states that “All internally displaced
persons have the right to an adequate standard of living.” and that “At the
minimum, regardless of the circumstances, and without discrimination,
competent authorities shall provide internally displaced persons with and
ensure safe access to: (a) Essential food and potable water;…”
United Nations Principles for Older Persons adopted
by General Assembly resolution 46/91 of 16 December 1991
“(o)lder persons should have access to adequate food, water, shelter,
clothing and health care through the provision of income, family and
community support and self-help”.
Other
legal sources
Committee on Economic, Social and Cultural Rights
General Comment No. 12: The right to adequate food
General Comment No. 15: The right to water
Human Rights Committee
General Comment No. 6: The right to life (Article 6)
…
5. Moreover, the Committee has noted that the right to life has been too
often narrowly interpreted. The expression "inherent right to
life" cannot properly be understood in a restrictive manner, and the
protection of this right requires that States adopt positive measures. In
this connection, the Committee considers that it would be desirable for
States parties to take all possible measures to reduce infant mortality and
to increase life expectancy, especially in adopting measures to eliminate
malnutrition and epidemics.
…
Regional
Standards
Additional Protocol to the American Convention on
Human Rights in the Area of Economic, Social and Cultural Rights (the
“Protocol of San Salvador”)of 1988
Article 12 - Right to Food
1. Everyone has the right to adequate nutrition which guarantees the
possibility of enjoying the highest level of physical, emotional and
intellectual development.
2. In order to promote the exercise of this right and eradicate
malnutrition, the States Parties undertake to improve methods of
production, supply and distribution of food, and to this end, agree to
promote greater international cooperation in support of the relevant
national policies.
Article 17 - Protection of the Elderly states that
“…States Parties agree to …: a. Provide suitable facilities, as well as
food and specialized medical care, for elderly individuals who lack them
and are unable to provide them for themselves; …“
African Charter on Human and People’s Rights
Article 16
1. Every individual shall have the right to enjoy the best attainable state
of physical and mental health.
…
Article 22
1. All peoples shall have the right to their economic, social and cultural
development with due regard to their freedom and identity and in the equal
enjoyment of the common heritage of mankind.
2. States shall have the duty, individually or collectively, to ensure the
exercise of the right to development.
Protocol to the African Charter on Human and People’s
Rights on the Rights of Women in Africa
Article 15 - Right to Food Security obliges States to
”provide women with access to clean drinking water, sources of domestic
fuel, land, and the means of producing nutritious food;” and to ”establish
adequate systems of supply and storage to ensure food security.“
African Charter on the Rights and Welfare of the
Child
Article 14 - Health and Health Services states that
“Every child shall have the right to enjoy the best attainable state of
physical, mental and spiritual health.” and that “State Parties to the
present Charter shall undertake to pursue the full implementation of this
right and in particular shall take measures … (c) to ensure the provision
of adequate nutrition and safe drinking water; (d) to combat disease and
malnutrition within the framework of primary health care through the
application of appropriate technology; … (h) to ensure that all sectors of
the society, in particular, parents, children, community leaders and
community workers are informed and supported in the use of basic knowledge
of child health and nutrition, the advantages of breastfeeding, hygiene and
environmental sanitation and the prevention of domestic and other
accidents; …”
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