A/69/275
the effects of unpaid work on women’s right to food; and consider the need for
mainstreaming gender concerns in legislative frameworks, programmes and policies
related to food security and nutrition.
19. The first five years of a child’s life are the most important in terms of human
development and focus must be given to encouraging investment in future
generations by providing healthy, adequate and nutritious food to young children.
Ensuring food security, including a nutritious diet, makes a vital contribution to
achieving a healthy society, both physically and mentally. The Special Rapporteur
will make every effort to raise global awareness of the right of every child to enjoy
the benefits of healthy, nutritious, sustainable food. That goal is especially relevant
for societies faced with significant economic and climatic challenges.
20. The priorities identified by the Special Rapporteur are interrelated. It is not
possible to develop a successful sustainable policy framework to eradicate hunger
and provide adequate and nutritious food accessible to all without considering the
specific requirements of women and children. It should be understood that the
mandate encompasses issues relating to corporate responsibility with respect to
global food policy and practices and linkages between private sector behaviour, food
security and the right to food. The Special Rapporteur intends to address those
issues in future reports. In so doing, she will coordinate her efforts with the relevant
work being done by civil society and non-governmental organizations (NGOs).
IV. Substantive priorities
A.
Justiciability of the right to food
21. While the right to food may once have been a controversial “positive” right, it
is now enshrined in international law and States are obliged to ensure its progressive
realization through ratification of international treaties an d the development of
supportive domestic and national legislation. However, many countries 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 Internati onal
Covenant on Economic, Social and Cultural Rights are justiciable. Accountability at
both international and national levels is paramount to ensuring that the right to food
and its correlative obligations are being implemented.
22. General comment No. 12 entails three levels of State obligation, including the
obligation to respect, protect and fulfil (paras. 14 and 15). The obligation to respect
requires States to refrain from adopting measures that prevent access to adequate
food; the obligation to protect requires implementation or enforcement of
regulations by States to ensure that third parties do not deprive people of their right
to access adequate food; and the obligation to fulfil entails proactive steps to
facilitate access to food and strengthen food security. Access to justice in relation to
the right to food is also provided for in the recommendations in the Voluntary
Guidelines that States should enshrine the right to food in their domestic law,
including through the constitution, and provide suitable mechanisms for effective
redress in the event of violations of the right to food. 2
__________________
2
14-58889
See, FAO, “The right to food in practice: implementation at the national level” (2006) and
Guidelines 7.1 and 7.2 of the Voluntary Guidelines.
7/18
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