A/71/282
70. Those efforts indicate that business has a responsibility to protect the right to
adequate food and nutrition, especially with regard to children. Yet in practice it can
be difficult to hold companies to account, especially in cross-border cases involving
complex corporate structures. In this regard, home States have extraterritorial
obligations to seek to prevent and address human rights abuses abroad by companies
domiciled within their jurisdictions. For example, if a host country is unwilling to
hold a company responsible, or even provides tax-free or other incentives, the home
country of the enterprise should exercise extraterritorial responsibility.
71. The Guiding Principles underline that the responsibili ty of companies to
respect human rights exists independently of the abilities and/or willingness of
States to fulfil human rights obligations, and hence to prevent them from taking
advantage of weak legislative environments. However, ensuring accountabilit y and
access to effective remedies for victims remains a major challenge. 51
72. While international human rights law lays the foundations for responsible
corporate behaviour, food corporations have vehemently opposed calls to regulate
marketing. Instead, many have promoted voluntary commitments on labelling and
advertising or have sponsored nutrition and health education programmes as part of
their “corporate social responsibility”. 52 The latter is particularly concerning,
blurring the lines between education and marketing, and potentially allowing
companies to disseminate misleading information. 53
73. Recent initiatives, such as a 2014 high-level commission on ending childhood
obesity and recommendations towards a global convention to protect and promote
healthy diets by the World Obesity Federation and Consumers International, as well
as Global Nutrition Reports, indicate the need for stronger accountability
mechanisms at the national level, considering that voluntary corporate initiatives are
proving ineffective.
C.
State responsibility to ensure monitoring, accountability
and transparency
74. In its general comment No. 12, the Committee on Economic, Social and
Cultural Rights views the right to adequate food to imply food “free from adverse
substances” (para. 8), which “sets requirements for food safety and for a range of
protective measures by both public and private means … at different stages
throughout the food chain” (para. 10). Considering the adverse health impacts,
“food safety” should be interpreted to include the nutritional value of food products.
75. The Voluntary Guidelines to Support the Progressive Realization of the Right
to Adequate Food in the Context of National Food Security also encourage States to
take steps to prevent overconsumption and unbalanced diets that may lead to
malnutrition, obesity and degenerative diseases. 54 Many States are taking steps in
__________________
51
52
53
54
18/24
See also the report of the United Nations High Commissioner for Human Rights on improving
accountability and access to remedy for victims of business -related human rights abuse
(A/HRC/32/19).
Patti Rundall, “The ‘business of malnutrition’: the perfect public relations cover for Big Food”,
in Right to Food and Nutrition Watch 2015: People’s Nutrition Is Not a Business (2015), p. 23.
Baby Milk Action, “Tackling obesity: how companies use education to build ‘trust’”.
Guideline 10.2.
16-13441
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