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Access to justice and the right to food: the way forward 2015, para. 71
- Paragraph text
- The question of justiciability of economic, social and cultural rights has long been debated in the international sphere. States have been reluctant to allow for individual complaint procedures before the Covenant. All human rights are indivisible, and should be protected as such. Economic, social and cultural rights are more than mere aspirations, they are necessary conditions for the stability of the democratic order, and economic power must be subject to democratic control. The newly ratified Optional Protocol is an effort to equalize and operationalize those two categories of rights and empower the justiciability of the economic, social and cultural rights. The Special Rapporteur intends to work closely with civil society and States to promote ratification and use of the Optional Protocol and bring violations to the attention of the Committee on Economic, Social and Cultural Rights as a practical means of eradicating hunger and promoting the right to adequate food. The Optional Protocol has the potential to contextualize and operationalize the right to food at international and national levels. However, we should not be complacent as much remains to be done beyond the scope of the Optional Protocol. Wealthy States not only have moral obligations to address poverty and hunger beyond their borders, they are also legally obliged to do so under international law. International cooperation and development assistance must become the legal norm in an increasingly global world. Despite established duties in a number of human rights documents and voluntary principles, significant barriers and loopholes exist in relation to the extraterritorial application of States obligations in human rights law. A coordinated international response is essential in order to maintain international peace and security and to ensure protection of the most vulnerable in times of economic globalization.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72a
- Paragraph text
- [The Special Rapporteur recommends that States:] For those that have not already done so, ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights as a matter of priority;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72b
- Paragraph text
- [The Special Rapporteur recommends that States:] Ensure recognition of the justiciability of the right to food by judicial and quasi-judicial bodies at the national, regional and international levels;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72f
- Paragraph text
- [The Special Rapporteur recommends that States:] Ensure that everyone, without discrimination, is afforded access to social protection as a means of offering economic, social, and cultural rights;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72j
- Paragraph text
- [The Special Rapporteur recommends that States:] Develop the necessary legal structure in order to protect resources directly related to the right to access adequate and nutritious food, such as water sources, access to land and seed production;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Health
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to land and the right to food 2010, para. 39
- Paragraph text
- In a context in which commercial pressures on land are increasing, it is crucial that States improve the protection of land users. The following recommendations seek to give concrete meaning to the land-related aspects of the human right to food.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 40a
- Paragraph text
- [In order to respect the right to food, States should:] Ensure security of tenure. States should take measures to confer legal security of tenure upon those persons, households and communities currently lacking such protection, including all those who do not have formal titles to home and land. The adoption of anti-eviction laws imposing strict conditions for interference with the rights of land users should be seen as a priority. This should supplement any strengthening of the regulatory framework concerning expropriation, which itself should provide clear procedural safeguards for landowners while, at the same time, providing for the possibility of agrarian reform where land concentration is excessive;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 40d
- Paragraph text
- [In order to respect the right to food, States should:] Prioritize development models that do not lead to evictions, disruptive shifts in land rights and increased land concentration. States should carefully consider the development models that they follow, as the mainstream agro-export-led model has major detrimental impacts on the access to land of vulnerable groups, disproportionately favouring the largest producers and landowners. Land investments implying an important shift in land rights should represent the last and least desirable option, acceptable only if no other investment model can achieve a similar contribution to local development and improve the livelihoods within the local communities concerned.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- All
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 42a
- Paragraph text
- [In order to ensure the enjoyment of the right to food, States should:] Implement the conclusions set out in the Final Declaration of the International Conference on Agrarian Reform and Rural Development and prioritize "improved" State-led land redistribution programmes. States should implement land redistribution programmes where a high degree of land ownership concentration (which could be defined as a level of inequality higher than a Gini coefficient of 0.65) is combined with a significant level of rural poverty attributable to landlessness or to the cultivation of excessively small plots of land by smallholders. Redistributive agrarian reforms should: (a) include comprehensive rural development policies that follow the recommendations resulting from the International Assessment of Agricultural Science and Technology for Development, including extension systems, access to credit and agricultural research and support beneficiaries, provided with sufficient budgets; (b) make use of land ceiling laws and be based on legal frameworks that clearly define beneficiaries and exempted land; (c) encourage communal ownership systems, rather than focusing solely on individual beneficiaries; (d) be implemented in accordance with the principles of participation, transparency and accountability, in order to prevent their appropriation by local elites; (e) be grounded in constitutional provisions regarding the social functions of land, where such provisions exist. All States should monitor land inequalities before and after the implementation of such programmes;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 42c
- Paragraph text
- [In order to ensure the enjoyment of the right to food, States should:] Establish specialized recourse mechanisms at the local level that are accessible, work transparently and include safeguards against corruption.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 43b
- Paragraph text
- [The Special Rapporteur also makes the following recommendations to the international community:] Donors should increase their support for the implementation of land redistribution programmes and the strengthening of land administrations. The importance of land administrations free from corruption and equipped with sufficient resources and well-trained officials has been and continues to be underestimated in the reinvestment in agriculture since the 2008 global food crisis;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 43d
- Paragraph text
- [The Special Rapporteur also makes the following recommendations to the international community:] International human rights bodies should consolidate the right to land and take land issues fully into account when ensuring respect for the right to adequate food. The Committee on Economic, Social and Cultural Rights could play a leading standard-setting role in clarifying the issue of land as a human right by issuing a general comment in that regard. Acting in their monitoring capacity, human rights bodies should examine the justifications offered by Governments that fail to put in place land redistribution programmes or policies with similar aims, despite the existence of a high degree of concentration of land ownership, combined with a significant level of rural poverty attributable to landlessness or inequitable land distribution.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Acroecology and the right to food 2011, para. 43
- Paragraph text
- Moving towards sustainability is vital for future food security and an essential component of the right to food. But in order to succeed in this transformation, consistency will be required across a variety of areas. States will need to invest in multi-year efforts, based on strategies identifying the measures that should be adopted in order to make this transition.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 44
- Paragraph text
- [As part of their obligation to devote the maximum of their available resources to the progressive realization of the right to food, States should implement public policies supporting the adoption of agroecological practices by:] improving the ability of producers practicing sustainable agriculture to access markets, using instruments such as public procurement, credit, farmers' markets, and creating a supportive trade and macroeconomic framework.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 46
- Paragraph text
- [The research community, including centres of the Consultative Group on International Agricultural Research and the Global Forum on Agricultural Research, should:] assess projects on the basis of a comprehensive set of performance criteria (impacts on incomes, resource efficiency, impacts on hunger and malnutrition, empowerment of beneficiaries, etc.) with indicators appropriately disaggregated by population to allow monitoring improvements in the status of vulnerable populations, taking into account the requirements of the right to food, in addition to classical agronomical measures.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 2011
Paragraph
Assessing a decade of progress on the right to food 2013, para. 57
- Paragraph text
- The emergence of a global right to food movement is an opportunity to be seized. Together with the adoption of framework laws on the right to food and of rights-based national food strategies, it represents a chance to move towards policies that are designed in a more participatory fashion and are therefore better informed and reach all intended beneficiaries; that guarantee legal entitlements and are therefore monitored by the beneficiaries themselves; that ensure the appropriate coordination and synergies - between the short-term aim of eradicating hunger and the long-term objective of removing its causes, between different sectors of government, and between the local and the national levels. The right to food has come to the fore as Governments realize that their efforts to combat food insecurity and hunger have been failing and realize the urgent need to strengthen national legal, institutional and policy frameworks. As the examples highlighted in the present report show, the tools are starting to be put into use. However, additional steps must be taken to make effective and sustainable progress in the fight against hunger and malnutrition.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 58a
- Paragraph text
- [In particular, the Special Rapporteur encourages:] Governments and parliaments, at the national level, to work towards the adoption of right to food framework laws and to explore the option of including the right to food in national constitutions, seeking inspiration from the experiences of other countries, including the best practices identified in the present report;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 58b
- Paragraph text
- [In particular, the Special Rapporteur encourages:] Governments to design multi-year, multisectoral national strategies for the realization of the right to food that are adequately funded and involve all relevant sectors and departments and are designed on the basis of inclusive and participatory processes;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 58d
- Paragraph text
- [In particular, the Special Rapporteur encourages:] Courts to recognize the justiciable nature of the right to food, in all its dimensions, as illustrated by the examples collected in the present report;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 58e
- Paragraph text
- [In particular, the Special Rapporteur encourages:] States to ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, the entry into force of which will further encourage the development of a jurisprudence protecting the right to food;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 58g
- Paragraph text
- [In particular, the Special Rapporteur encourages:] Non-judicial accountability mechanisms to be established in the form of social audits that can operate through community-based monitoring at the local level;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 58i
- Paragraph text
- [In particular, the Special Rapporteur encourages:] The FAO Committee on World Food Security to serve as a catalyst to accelerate progress towards the establishment of legal, institutional and policy frameworks that are conducive to the full realization of the right to food for all, and to use the review of the implementation of the Right to Food Guidelines at its forty-first session in 2014 to encourage all member States to make effective use of the right to food to eradicate hunger and malnutrition;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 58j
- Paragraph text
- [In particular, the Special Rapporteur encourages:] States, in order to ensure consistency between domestic policies aimed at the full realization of the right to food and external policies in the areas of trade, investment, development and humanitarian aid, and in accordance with the Guiding Principles on Extreme Poverty and Human Rights, to develop mechanisms that ensure that the right to food is fully taken into account in those policies.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Effects of pesticides on the right to food 2017, para. 102
- Paragraph text
- International human rights law sets forth comprehensive State obligations to respect, protect and fulfil human rights. In particular, the rights to adequate food and to health provide clear protections for all people against excessive or inappropriate use of pesticides. Taking a human rights approach to pesticides guarantees the principles of universality and non-discrimination, under which human rights are guaranteed for all persons, including vulnerable groups, who disproportionately feel the burden of hazardous pesticides.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 105
- Paragraph text
- In the words of the Director-General of FAO, we have reached a turning point in agriculture. Today’s dominant agricultural model is highly problematic, not only because of damage inflicted by pesticides, but also their effects on climate change, loss of biodiversity and inability to ensure food sovereignty. These issues are intimately interlinked and must be addressed together to ensure that the right to food is achieved to its full potential. Efforts to tackle hazardous pesticides will only be successful if they address the ecological, economic and social factors that are embedded in agricultural policies, as articulated in the Sustainable Development Goals. Political will is needed to re-evaluate and challenge the vested interests, incentives and power relations that keep industrial agrochemical-dependent farming in place. Agricultural policies, trade systems and corporate influence over public policy must all be challenged if we are to move away from pesticide-reliant industrial food systems.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- All
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 107g
- Paragraph text
- [States should:] Guarantee rigorous and regular analysis of food and beverages to determine levels of hazardous residues, including in infant formula and follow-on foods, and make such information accessible to the public;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 107h
- Paragraph text
- [States should:] Closely monitor agricultural pesticide use and storage to minimize risks and ensure that only those with the requisite training are permitted to apply such products, and that they do so according to instructions and using appropriate protective equipment;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 107k
- Paragraph text
- [States should:] Take necessary measures to safeguard the public’s right to information, including enforcing requirements to indicate the type of pesticides used and level of residues on the labels of food and drink products;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 107o
- Paragraph text
- [States should:] Encourage farmers to adopt agroecological practices to enhance biodiversity and naturally suppress pests, and to adopt measures such as crop rotation, soil fertility management and crop selection appropriate for local conditions;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 107p
- Paragraph text
- [States should:] Provide incentives for organically produced food through subsidies and financial and technical assistance, as well as by using public procurement;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph