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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 16. (1) | Aug 19, 2019 | Paragraph | Except in cases of special necessity, persons from whom forced or compulsory labour is exacted shall not be transferred to districts where the food and climate differ so considerably from those to which they have been accustomed as to endanger their health. | United Nations Human Rights Council | Resolution |
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| 2018 | ||
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 16. (3) | Aug 19, 2019 | Paragraph | When such transfer cannot be avoided, measures of gradual habituation to the new conditions of diet and of climate shall be adopted on competent medical advice. | United Nations Human Rights Council | Resolution |
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| 2018 | ||
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 19. (1) | Aug 19, 2019 | Paragraph | 1. The competent authority shall only authorise recourse to compulsory cultivation as a method of precaution against famine or a deficiency of food supplies and always under the condition that the food or produce shall remain the property of the individuals or the community producing it. | United Nations Human Rights Council | Resolution |
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| 2018 | ||
A world fit for children 2002, para. 7.4 | Aug 19, 2019 | Paragraph | [We hereby call upon all members of society to join us in a global movement that will help to build a world fit for children by upholding our commitment to the following principles and objectives:] Care for every child. Children must get the best possible start in life. Their survival, protection, growth and development in good health and with proper nutrition are the essential foundation of human development. We will make concerted efforts to fight infectious diseases, tackle major causes of malnutrition and nurture children in a safe environment that enables them to be physically healthy, mentally alert, emotionally secure, socially competent and able to learn. | United Nations General Assembly | Resolution |
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| 2002 | ||
A world fit for children 2002, para. 37.13 | Aug 19, 2019 | Paragraph | [To achieve these goals and targets, taking into account the best interests of the child, consistent with national laws, religious and ethical values and cultural backgrounds of the people, and in conformity with all human rights and fundamental freedoms, we will carry out the following strategies and actions:] Improve the nutrition of mothers and children, including adolescents, through household food security, access to basic social services and adequate caring practices. | United Nations General Assembly | Resolution |
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| 2002 | ||
A world fit for children 2002, para. 37.14 | Aug 19, 2019 | Paragraph | [To achieve these goals and targets, taking into account the best interests of the child, consistent with national laws, religious and ethical values and cultural backgrounds of the people, and in conformity with all human rights and fundamental freedoms, we will carry out the following strategies and actions:] Support populations and countries suffering from severe food shortages and famine. | United Nations General Assembly | Resolution |
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| 2002 | ||
A world fit for children 2002, para. 37.22 | Aug 19, 2019 | Paragraph | [To achieve these goals and targets, taking into account the best interests of the child, consistent with national laws, religious and ethical values and cultural backgrounds of the people, and in conformity with all human rights and fundamental freedoms, we will carry out the following strategies and actions:] Achieve sustainable elimination of iodine deficiency disorders by 2005 and vitamin A deficiency by 2010; reduce by one third the prevalence of anaemia, including iron deficiency, by 2010; and accelerate progress towards reduction of other micronutrient deficiencies, through dietary diversification, food fortification and supplementation. | United Nations General Assembly | Resolution |
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| 2002 | ||
Access and participation of women and girls in education, training and science and technology, including for the promotion of women's equal access to full employment and decent work 2011, para. 12 | Aug 19, 2019 | Paragraph | The Commission expresses continued concern at the negative impact of the global crises, such as the financial and economic crisis, the food crisis and continuing food insecurity, and the energy crisis, as well as the challenges posed by poverty, natural disasters and climate change, on the empowerment of women and girls, including their access and participation in education, training, science and technology. | Commission on the Status of Women | CSW Agreed Conclusions / Declaration |
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| 2011 | ||
Access to justice and the right to food: the way forward 2015, para. 2 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 3 | Aug 19, 2019 | Paragraph | 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). | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 4 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 5 | Aug 19, 2019 | Paragraph | While some critics suggest that the voluntary nature of the Right to Food Guidelines limits their usefulness, they were adopted by member States of the Food and Agriculture Organization (FAO) by consensus. States cannot therefore claim to be unaware of or refuse to comply with the guidelines. Over the years, in many formal settings, the Governments have reiterated their commitment to and support for the guidelines. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 6 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 7 | Aug 19, 2019 | Paragraph | The reluctance of a number of States to recognize that economic, social and cultural rights are justiciable has done much to propagate unfounded misconceptions thereon. Those countries opposed to the justiciability of those rights argue that such a notion may interfere with State sovereignty claiming that it is inappropriate for courts to adjudicate on social and economic policy. There is also a perception that social and economic rights set forth political objectives and are too vague to be enforceable. The suggestion that these rights are resource-dependent and cannot be satisfied where there is a lack of capital, and the idea that these rights only impose positive obligations on States and civil and political rights give rise to negative ones, has also led to resistance from some States. | Special Rapporteur on the right to food | Special Procedures' report |
| 2015 | |||
Access to justice and the right to food: the way forward 2015, para. 8 | Aug 19, 2019 | Paragraph | The justiciability debate continues to provoke controversy at the international level. However despite strong opposition from a number of States an Optional Protocol to the Covenant, establishing an individual complaints procedure, was finally adopted in 2008. Its subsequent entry into force in May 2013 was hailed as "potentially one of the most important developments in human rights protection at the UN level in a generation". | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 9 | Aug 19, 2019 | Paragraph | 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). | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 10 | Aug 19, 2019 | Paragraph | Article 2 of the Optional Protocol requires that authors of communications must be under the jurisdiction of the State party responsible for the violation, and that the State must have ratified both the Covenant and the Optional Protocol. However, the Covenant indicates no restriction to territorial jurisdiction and it will remain to be seen whether the cases to be examined under the Optional Protocol concentrate principally on the territorial link. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 11 | Aug 19, 2019 | Paragraph | 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). | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 12 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 13 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 14 | Aug 19, 2019 | Paragraph | 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". | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 15 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 16 | Aug 19, 2019 | Paragraph | Over the last few years, there has been an important increase in the number of States that have adopted provisions containing explicit recognition of the right to food or freedom from hunger. The following section will provide an overview of some recent examples of case law in relation to the justiciability of the right to food at the domestic and regional level. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 17 | Aug 19, 2019 | Paragraph | Latin America has shown itself to be the region of the world that has made the most progress in terms of developing legal frameworks that promote the right to food. With more than eight countries possessing specific laws aimed at promoting and protecting the right to food and a number of bills pending in National Assemblies for consideration, the right to adequate food is also referred to or explicitly recognized in several constitutions, including those of Brazil, Colombia, Cuba, Ecuador, Guatemala, Haiti, Nicaragua and Paraguay. In some cases, the constitutional provisions refer directly to the right to food, and its applicability to the whole population. In other cases, the right is directed at specific groups, while State signatories of the Covenant provide that it be applied directly through the constitution. The following cases are examples of where the right to food has been used as a legal argument to protect social rights. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 20 | Aug 19, 2019 | Paragraph | In 2013, a coalition of NGOs Guatemala sin Hambre engaged in strategic litigation to claim the right to food of children suffering from chronic malnutrition and living in conditions of extreme poverty. The judgements were delivered in April 2013 by the Child and Adolescence Court of the Zacapa Department which, based on the facts, found violations of the right to food, the right to life, the right to housing and the right to an adequate standard of living. Specifically with regard to the right to food, the court grounded its reasoning on article 51 of the Constitution, which protects the right to food for children, as well as on article 11 of the Covenant and article 25 of the Universal Declaration. To define the right to food and the obligations that stem from it, the court cited general comment No. 12. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 21 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 22 | Aug 19, 2019 | Paragraph | India has led the way, not only at the regional level, but also globally, in terms of developing jurisprudence on economic, social and cultural rights. Its Constitution provides a strong legal framework for the protection and promotion of human rights, with article 47 noting that "States shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties". It has also recently joined a select group of countries that are legally obliged to ensure the distribution of subsidized food grains to its people. With the historic passing of its National Food Security Act in September 2013, India has pledged to provide heavily subsidized food grains to approximately two thirds of its population. The National Food Security Act will amount to the largest food security programme in the world, and aims to reduce malnutrition and improve food security. It also promotes gender-based rights and social inclusion of women, and includes provision for social monitoring and complaint mechanisms. While the Act has received criticism, particularly owing to its failure to address the nutritional aspect, and for placing too much emphasis on public distribution without tackling the root causes of poverty and hunger, the Special Rapporteur commends Indian efforts to address chronic malnutrition, and encourages India to work with relevant stakeholders to tackle any potential gaps that may prevent this innovative approach from achieving its full potential | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 23 | Aug 19, 2019 | Paragraph | The following examples illustrate the positive role played by regional human rights mechanisms. In the case Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya, the Endorois, a primarily pastoralist indigenous community, were removed from their lands by the Government of Kenya to establish a wildlife reserve. The African Commission found Kenya to have violated articles 8, 14, 17, 21 and 22 of the African Charter. The Commission noted that, as a consequence of its removal, the community had been "relegated to semi-arid land", which was unsuitable for pastoralism. The ability to graze animals, a key means of subsistence for the community, had become impossible as a result of loss of their land and this threatened the community's survival. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 24 | Aug 19, 2019 | Paragraph | In its case SERAC v. Nigeria, the African Commission held that the treatment by Nigeria of the Ogoni indigenous community violated the right to food implied in the African Charter. In their statement to the African Commission, the NGOs submitting the claim contended that: "the Nigerian government ... destroyed and threatened Ogoni food sources through a variety of means. The government ... participated in irresponsible oil development that poisoned much of the soil and water upon which Ogoni farming and fishing depended. In their raids on villages, Nigerian security forces have destroyed crops and killed farm animals. The security forces have created a state of terror and insecurity that ... made it impossible for many Ogoni villagers to return to their fields and animals. The destruction of farm lands, rivers, crops and animals created malnutrition and starvation among certain Ogoni communities." | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 26 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 |