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9.
At the international level, the right to food is recognized as a distinct and
fundamental right in a number of international instruments. It was recognized in
article 25 of the Universal Declaration of Human Rights and reaffirmed in the
International Covenant on Economic, Social and Cultural Rights (article 11) and,
through the right to life, in the International Covenant on Civil and Political Rights.
It is also conferred in article 3 of the United Nations Declaration on the Rights of
Indigenous Peoples. It is further recognized in the Convention on the Rights of the
Child (articles 3, 24, para. 2 (c), and 27), the Convention on th e Elimination of All
Forms of Discrimination against Women (articles 12, para. 2, and 14) the
International Convention on the Elimination of All Forms of Racial Discrimination
(article 5 (e)) and the Convention on the Rights of Persons with Disabilities (a rticles
25 (f) and 28, para. 1).
10. The tenth anniversary of the adoption of the Voluntary Guidelines to Support
the Progressive Realization of the Right to Adequate Food in the Context of
National Food Security is observed in 2014. The Voluntary Guideli nes were
developed as a practical tool for States to assist them in implementing their
obligations under article 11 of the International Covenant on Economic, Social and
Cultural Rights. They build on international law and complement the objectives set
out in the Plan of Action of the 1996 World Food Summit. They also provide an
additional instrument to accelerate attainment of the Millennium Development
Goals and the post-2015 sustainable development goals. While the Voluntary
Guidelines do not establish legally binding obligations for States or international
organizations, Guideline 7 does, however, provide guidance on strengthening legal
frameworks at the domestic level.
11. While there has been considerable legislative and judicial progress in many
countries throughout the world since the adoption of the Voluntary Guidelines a
decade ago, many challenges remain. In order to ensure the progressive realization
of the right to food at the domestic level, it is imperative that constitutional
principles and framework laws are established as a means of providing an
appropriate institutional structure. The adoption of sectoral legislation will ensure
that States adequately address various sectors that impact significantly on levels of
food security.
12. It is in this context that the Special Rapporteur believes the international
community should look to the future and establish what more can be done to ensure
an enabling environment for people to access food in a dignified manner and to
establish applicable remedies for those who are unable to do so. In his final report to
the Human Rights Council in March 2014, the previous Special Rapporteur
highlighted framework laws and national strategies in support of the realization of
the right to food, highlighting a number of countries where examples of good
practice exist. The Special Rapporteur intends to assess the experience of those
countries and will examine the implementation of such laws at the national level, as
a means of identifying possible models for other co untries.
13. The Special Rapporteur believes that a key focus should now be placed on the
implementation of those legal frameworks and policies to promote the right to
adequate food for all. The Guidelines illustrate the significant impact of sectoral
legislation through three examples: school feeding programmes, subsidies and
transfers in cash or in kind for food security, food safety and consumer protection.
The Special Rapporteur supports the implementation of such policies and believes
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