A/71/282
age, and for breastfeeding to continue alongside appropriate complementar y foods
preferably until 2 years of age. 49
65. The protection and promotion of breastfeeding is also enshrined in the
International Code of Marketing of Breast-milk Substitutes, adopted by the World
Health Assembly in 1981. The Global Strategy for Infant an d Young Child Feeding,
adopted in 2002, sets out the obligations of States to develop, implement, monitor
and evaluate comprehensive national policies addressing infant and young child
feeding, accompanied by a detailed action plan.
66. Article 12 of the Convention on the Elimination of All Forms of
Discrimination against Women obliges States to ensure appropriate services during
pregnancy and lactation. Unfortunately, it fails to protect a woman ’s individual right
to adequate food and nutrition beyond the parameters of pregnancy and
breastfeeding. Considering their increased sensitivity to malnutrition, it is vitally
important to ensure this right.
B.
Corporate responsibility
67. Placing nutrition governance within the human rights framework also
underlines the responsibility of corporations in the food and nutrition industry to
respect human rights and to contribute to equitable access to nutritious foods. Such
responsibility is implied in the Universal Declaration of Human Rights, which
underlines that “everyone has duties to the community” (art. 29) and that groups and
persons must refrain from activities causing encroachment on the rights enshrined in
the Declaration (art. 30).
68. The Guiding Principles on Business and Human Rights, endorsed by the
Human Rights Council in 2011, formally recognize the responsibility of enterprises
to avoid infringing on the human rights of others and to address adverse human
rights impacts with which they are involved. 50 Logically, this responsibility includes
the adverse impacts of the food industry with respect to the right to adequate food.
69. In the technical guidance on the application of a human rights -based approach
to the implementation of policies and programmes to reduce and eliminate
preventable mortality and morbidity of children under 5 years of age
(A/HRC/27/31) Member States are urged to regulate private actors over which they
exercise control, including producers and marketers of breast milk substitutes and
other relevant companies (para. 70 (g)). The Committee on the Rights of the Child,
in its general comment No. 15, also calls upon private companies to comply with
the International Code of Marketing of Breast-milk Substitutes and relevant World
Health Assembly resolutions. In its most recent resolution on ending inappropriate
promotion of foods for infants and young children, adopted in May 2016, the World
Health Assembly called upon manufacturers and distributors of foods for infants and
young children to end all forms of inappropriate promotion.
__________________
49
50
16-13441
See general comment No. 15 of the Committee on the Rights of the Child. Through their mention
in that general comment, both the Global Strategy for Infant and Young Child Feeding and the
International Code of Marketing of Breast-milk Substitutes have been integrated into the
international human rights system.
Principle 11.
17/24
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