A/71/282
2.
Philanthropic organizations
55. Increasingly, philanthropic foundations are investing in global nutrition
initiatives. While donations are difficult to track, such private institutions are
generally larger than many Governments and have the ability to influence nutrition
policies without the concomitant obligations to ensure re spect for human rights. 45
Recognizing the financial constraints faced by many countries, it is imperative to
establish a monitoring and accountability system to ensure that private foundations
operate within the human rights system, rather than fulfilling t his responsibility on a
voluntary basis.
56. The Global Alliance for Improved Nutrition is one of the leading private
networks focusing on malnutrition reduction, mainly through fortification,
supported largely by the Bill and Melinda Gates Foundation. Sev eral allegations of
conflict of interest have been made against the Alliance. In particular, organizations
working to address infant malnutrition questioned whether its work was motivated
primarily by efforts to open new markets for its members. An effecti ve, independent
evaluation mechanism is needed for balancing private sector involvement in
nutrition policies.
IV. Human rights approach and State responsibility
A.
Normative foundation of human rights
57. International law instruments provide a normative and legal foundation for the
human right to adequate food and nutrition. Article 25 of the Universal Declaration
of Human Rights and article 11 of the International Covenant on Economic, Social
and Cultural Rights recognize the right to adequate food and the fundamental right
of everyone to be free from hunger. Dealing with global nutrition challenges
through a rights-based perspective is not only desirable but also obligatory, given
that nutrition is an inherent element of the right to food. In its general comment No.
12, the Committee on Economic, Social and Cultural Rights interpreted the right to
food as obliging every State to “ensure for everyone under its jurisdiction access to
the minimum essential food which is sufficient, nutritionally adequate and safe, to
ensure their freedom from hunger”.
58. The clear inclusion of a nutrition dimension to the right to food confirms the
latter’s interconnection with the right to health. In fact, nutrition is considered as the
vital link between the right to health and the right to food and ensures that the human
rights framework promotes both rights. 46 In its general comment No. 14, the
Committee on Economic, Cultural and Social Rights affirmed that the right t o health
placed a core obligation on States to “ensure access to the minimum essential food
which is nutritionally adequate and safe, to ensure freedom from hunger to
everyone”. This implies that if nutritious food is not readily available, accessible or
__________________
45
46
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David McCoy, Sudeep Chand and Devi Sridhar, “Global health funding: how much, where it
comes from and where it goes”, Health Policy and Planning, vol. 24, No. 6 (November 2009).
Emilie K. Aguirre, “The importance of the right to food for achieving global health”, Global
Health Governance, vol. IX, No. 1 (spring/fall 2015).
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