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Access to justice and the right to food: the way forward 2015, para. 2
- Paragraph text
- The right to food was first recognized in article 25 of the Universal Declaration of Human Rights. Since then it has been recognized in a number of international instruments, with the International Covenant on Economic, Social and Cultural Rights (hereinafter "the Covenant") representing the most significant treaty on the right to food. The Covenant (to date ratified by 162 States) has been vital in shaping and developing the normative framework on the right to food. The treaty defines the right to food as a distinct and fundamental right to be free from hunger and to have sustainable access to food (art. 11). It outlines specific obligations for all States parties to take measures to progressively attain the full realization of the right to food.
- 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. 3
- Paragraph text
- In the wake of the momentum generated by the 1996 World Food Summit, which highlighted the need to further "clarify the content of the right to adequate food and the fundamental right of everyone to be free from hunger", the Committee on Economic, Social and Cultural Rights in 1999 adopted general comment No. 12 on the right to adequate food (hereinafter, "general comment No. 12") which clarifies the implications of three levels of State obligation, including the obligation to respect, protect and fulfil (paras. 14 and 15).
- 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. 4
- Paragraph text
- In addition to legally binding treaties, the right to food has also been enunciated in various international standards, the most significant of which are the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security (Right to Food Guidelines). The Right to Food Guidelines were developed as a practical tool for States to assist them in implementing their obligations at the domestic level under article 11 of the Covenant. The year 2014 marked the tenth anniversary of the guidelines and provided an opportunity to evaluate the impact thereof on national implementation. The present report will highlight some examples of good practice in that regard.
- 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
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 6
- Paragraph text
- The interdependence and indivisibility of economic, social and cultural rights and civil and political rights have long been asserted within international law, yet in practice economic, social and cultural rights have typically been relegated to second place within the international framework, with civil and political rights taking centre stage, particularly when it comes to implementation. While the International Covenant on Civil and Political Rights includes an explicit provision requiring States "to develop the possibilities of judicial remedy" (art. 2, para. 3 (b)), no such specific provision is explicitly mentioned in the International Covenant on Economic, Social and Cultural Rights. It should be noted, however, that the Committee has clarified that the obligation under article 2, paragraph 1, of the Covenant to "take steps … by all appropriate means" includes the provision of judicial remedies.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 9
- Paragraph text
- The Optional Protocol is intended to complement rather than replace national legal systems and should not be considered as the principal means of seeking justice. The Optional Protocol grants individuals, or groups of individuals under the jurisdiction of a State party, the right to submit communications about alleged violations of any economic, social or cultural right to the Committee on Economic, Social and Cultural Rights (art. 2).
- 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. 11
- Paragraph text
- Victims of violations now have a means of making effective appeals through an international mechanism, once they have exhausted the grievance mechanisms within their own countries, or if there is an excessive delay in processing their claims through national procedures. The Optional Protocol also provides for interim measures for victims in exceptional circumstances in order to prevent irreparable damage to victims (art. 5).
- 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
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 12
- Paragraph text
- The Optional Protocol also permits States to declare that they recognize the competence of the Committee on Economic, Social and Cultural Rights to review inter-State communications in cases where one State party considers that another State party has failed to fulfil its obligations under the Covenant. The Committee may also have recourse to an inquiry procedure whereby it would consider allegations from reliable sources indicating grave or systematic violations by a State party of any of the rights set forth in the Covenant. While the Covenant does not have a mechanism to enforce decisions, findings and decisions by the Committee can increase awareness and scrutiny of specific violations at the international level. An international peer review mechanism such as the universal periodic review could be employed as a means of highlighting the failure of States to implement decisions under the Covenant.
- 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. 13
- Paragraph text
- As outlined above, the right to food was once considered a controversial "positive" right, however recent years have witnessed a paradigm shift in terms of the global discourse on the right to food, with progress in jurisprudence and academic deliberations affirming that the right to food is justiciable. With the ratification of the Covenant, the right to food will have greater publicity, especially when NGOs and individuals start to use various remedies. The right to food is now a right than can be legitimately claimed. Complaint procedures remind governments of their responsibility to respect, protect and fulfil the right to adequate food. The Optional Protocol will be influential in ensuring the implementation of the right to food at the international and national level.
- 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. 14
- Paragraph text
- The Right to Food Guidelines have done much to raise awareness and increase recognition of the right to adequate food and nutrition as a human right. They have also been instrumental in promoting the importance of recognizing the right to food in national legal frameworks. Guideline 7, in particular, invites States to initiate constitutional or legislative review to facilitate the progressive realization of the right to adequate food in the context of national food security. States are also advised to envisage "administrative, quasi-judicial and judicial mechanisms to provide adequate, effective and prompt remedies accessible, in particular, to members of vulnerable groups".
- 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. 15
- Paragraph text
- Constitutional provisions and framework laws can be effective means of promoting the progressive realization of the right to food at the domestic level. The adoption of sectoral legislation will ensure that States adequately address various sectors that impact significantly on various dimensions of food security.
- 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. 21
- Paragraph text
- The constitutional jurisprudence of India provides for the justiciability of economic, social and cultural rights based on "the right to life". This constitutional right was central to the case of People's Union for Civil Liberties ("PUCL") v. Union of India. In mid-2001, public food and employment programmes failed to provide food to deprived people in the impoverished and drought-stricken State of Rajasthan. The Supreme Court of India was petitioned by PUCL to compel the Government to respond to the hunger emergency. In response to the submissions, the Supreme Court held that the right to food was enshrined in the Constitution under the right to life provision in article 47, which requires that the State undertake measures to improve the nutritional state of the population. The Court handed down a series of resolutions which commenced in 2001 requiring State governments in India to implement food distribution programmes for the most disadvantaged. The Court's resolution had a considerable impact on the realization of the right to food in India, and provides an example of the influential role played by the judiciary in encouraging a legislative body to develop human rights legislation.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Poverty
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 26
- Paragraph text
- While there has been considerable legislative and judicial progress in many countries throughout the world since the adoption of the Right to Food Guidelines (see A/68/288), examples of cases whereby national courts have actually issued rulings on the regulations relating to the right to food are scarce. The only way that the full realization of the right to adequate food and nutrition can be achieved is by ensuring that the rights of victims are protected. Restrictions on justiciability must therefore be prevented. This section will seek to highlight some of the obstacles that continue to hamper progress in this regard.
- 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
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 27
- Paragraph text
- A rights-based approach to food security is paramount to ensure that the fundamental right to be free from hunger is upheld, with States obliged to do everything in their power to guarantee that everyone has access at all times to adequate, safe and nutrient-rich food in order to lead healthy lives. Yet, despite the fact that the right to food has been enshrined in international law, many States remain reluctant to recognize it and to constitutionalize it as a basic right with justiciable effect.
- 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. 28
- Paragraph text
- While the ratification of the Optional Protocol to the Covenant represented a significant step in terms of ensuring justice for the victims of violations of economic, social and cultural rights, to date only 15 States are currently party thereto, in comparison with 115 parties to the Optional Protocol to the International Covenant on Civil and Political Rights. This in itself is representative of the fact that many States have failed to develop a judicial culture of recognition in practice, or the necessary legal frameworks required to ensure that the rights enshrined in the Covenant, including the right to food, are justiciable. In some countries, it is the case that international human rights conventions are not considered as formal sources of law and, even where they may be incorporated into national law, these rights may not provide criminal punishment or financial compensations, but rather expresses a moral conviction without legal force. In some States, even when justiciable rights are enshrined in the Constitution, there is a reluctance to acknowledge their relevance. There is also certain reluctance at the regional level, with many European States failing to recognize the direct applicability of the Covenant in domestic law. In Africa, the African Commission on Human and Peoples' Rights provides no option for complaints relating to the violation of 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 29
- Paragraph text
- Accountability at international, regional and national levels is paramount to ensuring that the right to food and its correlative obligations are being implemented. At the domestic level, it is imperative that constitutional principles and framework laws are established as a means of providing an appropriate institutional structure to ensure the progressive realization of the right to food. In some cases, however, even where States have taken the necessary steps to develop framework laws and policies in order to promote the right to food, a lack of political will has prevented implementation and enforcement of these laws.
- 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
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 30
- Paragraph text
- A lack of awareness of legal rights and entitlements, as well as the State's obligations and duties to protect these rights, is a major barrier to achieving the enjoyment of the full range of rights, including economic, social and cultural rights. General knowledge and understanding of judicial and adjudicatory mechanisms as a means of enforcing basic rights is severely lacking in many countries.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- 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. 32
- Paragraph text
- Awareness of the right to food and the obligations pertaining thereto need to be heightened amongst rights holders. It is essential that lawyers receive training to enable them to argue effectively for the upholding of the right to adequate food and judges need to acquire the knowledge to grasp and accept such arguments as appropriate. Effective access to legal institutions facilitates the inclusion of marginalized people in the development process, and provides citizens with a means to file actionable grievances against the government for the failure to progressively meet economic, social and cultural rights.
- 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. 34
- Paragraph text
- In addition to a lack of awareness of their rights, victims of violations face considerable institutional and structural barriers. For many, particularly for those living in rural and remote areas and peri-urban settings, simply accessing a court is in itself a significant challenge. In many countries, municipal courts do not exist and the legal epicentre is located in the capital only, with logistical and monetary implications for those who live beyond the city. In countries where municipal and subnational mechanisms are available, a lack of affordable and dedicated legal assistance and judicial corruption often hinders access. In cases where rights holders have the means to submit a case, often ordinary courts, which are more accessible for families facing food security, are unaware of the issue - with the right to food not considered as related to other citizen's rights. Complex and inflexible court systems also have a significant impact on victims, often requiring a high burden of proof for applicants. Some courts may also be averse to accepting collective, or public interest mechanisms or innovative fact-gathering or remedial procedures. In such cases, victims are dissuaded from submitting claims. Some countries, however, have tackled the problem by establishing public interest litigation procedures that authorize individual and collective claims.
- 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
- Families
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 36
- Paragraph text
- Ensuring justiciability of the right to food is also hindered by the fact that individual cases often end up stagnating within the court system amidst protracted, costly and bureaucratic proceedings, while in some instances collective cases influenced by politically motivated activities take precedence and serve as sensationalist media fodder. As a result, many cases have been neglected with no follow-up.
- 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
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 37
- Paragraph text
- Quasi-judicial bodies, such as ombudspersons, have the potential to consider cases of human rights violations. However, more often than not, they tend to focus solely on civil and political rights, with few having taken the necessary steps to introduce complaint mechanisms for economic, social and cultural rights. A general lack of awareness by affected populations that such a mechanism for filing a grievance exists has also done little to encourage applications. However there are some examples of progress in this regard, such as the Ombudsman's Office in Ecuador that took the initiative and established a unit for economic, social and cultural rights, while the Procuradoria for Human Rights in Guatemala has been submitting reports on the right to food since 2007, in line with its Food and Nutrition Security Law of 2005.
- 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
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 39
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- Within the food and agriculture sector, approximately ten corporations control and monopolize the commercial seed and global pesticide markets, as well as food retailers. In addition to their financial power, TNCs significantly influence law and policymaking processes both at the international and national level. Similarly, IFIs exercise considerable influence over national decision-making in relation to food and agricultural policies. Many developing countries are compelled to implement projects that jeopardize economic, social, and cultural rights in return for economic and financial aid. In recent decades, there have been significant efforts to alter the policy approach undertaken by IFIs, especially the World Bank, in relation to supporting development projects that have a harmful effect on human rights and the environment. Moreover, bilateral, and regional foreign trade agreements have facilitated the privatization, deregulation and growth of extractive industries around the globe, a development that has had significant impacts on food security and health. Globalization has highlighted and exacerbated socioeconomic disparities throughout the world, with the result that global social inequality is not only expressed in terms of inter-State justice, but as implicating human rights obligations as well. States are
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- 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. 40
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- often placed in a precarious situation as a result of dubious corporate activities. Developing countries are particularly vulnerable, as in an attempt to attract foreign investors they accept trade rules that adversely impact agricultural policies and follow growth-oriented economic policies to achieve short-term political and budgetary benefits.
- 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
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 44
- Paragraph text
- States should ensure that their policies and practices do not lead to violations of the right to food, either directly or indirectly, for people living in other countries, as well as their own citizens. This obligation is simply the extension of the "no harm" principle of States in international law. The extraterritorial obligations of States in relation to the right to food are referred to in general comment No. 12 which notes that "food should never be used as an instrument of political and economic pressure". States should therefore refrain from implementing food embargoes or similar measures that endanger conditions for food production and water supply, and access to goods and services essential for securing the right to food. Similarly IFIs should also refrain from taking decisions that could lead to potential violations of the right to food in other countries. As multi-State actors, IFIs should be held accountable for human rights violations by other member States that have ratified the Covenant.
- 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. 47
- Paragraph text
- Some States have failed to take vigorous steps to ensure that victims have access to judicial remedies for human rights abuses that have arisen extraterritorially owing to the activities of businesses or their subsidiaries. By creating or allowing these obstacles and barriers to remain, States have failed in their duty to protect human rights by ensuring access to effective remedy through the judicial process.
- 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
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 59
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- United Nations treaty bodies and special procedures have addressed extraterritorial human rights issues in their various reports, including for the universal periodic review and general comments. According to a recent report from the International Network for Economic, Social and Cultural Rights, in the last seven years the various mechanisms of OHCHR have touched upon extraterritorial obligations some 26 times. In so doing, these bodies have played an important role in developing and consolidating an understanding of how to apply the concepts of jurisdiction to the actions and omissions of States. They expressed their concerns and made recommendations on a number of issues addressing extraterritorial obligations, especially on the human rights impact of the exploitation of natural resources in third countries and the role of TNCs in large-scale development projects with respect to forced land evictions, all of which impact directly on the right to food.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 64
- Paragraph text
- All of these mechanisms have the common of preventing and addressing human rights abuse by business enterprises but fail to provide sufficient monitoring mechanisms. The voluntary nature of soft law instruments is generally not sufficient to protect human rights and thus fails to close the existing "accountability gap" of extraterritorial responsibilities. However, one should not be too quick to rule out categorically the legal applicability of such declarations just because they are of a voluntary nature. Law is not limited to what States set forth. Legal norms can also be formed in society. To treat the concept of law as being entirely dependent on the State is to overlook the unique nature of social norms.
- 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
- 2015
Paragraph
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