A/69/275
23. Despite the scepticism that persists in a number of States, courts in several
countries have been proactive in stepping in to prevent situations in which surviv al
was threatened due to government inaction or inefficiency in realizing the right to
food. The majority of cases relate to failures by authorities to provide minimum
levels of subsistence for affected individuals or communities. 3 The right to food is
now enshrined in the constitutions of more than 20 countries, together with legal
provisions that allow for judicial protection by invoking the right to life, respect for
human dignity, the right to health, the right to land, respect for ethnic and cultural
rights, the right to housing and consumer rights. 4
24. The entry into force of the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights in May 2013, provided an additional remedial
mechanism. It reinforces the justiciability of economic, social and cultural rights
and places them on an equal footing with civil and political rights. 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. It 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 Cult ural Rights. Complaint
procedures remind Governments of their responsibility to respect, protect and fulfil
the right to adequate food.
25. The Special Rapporteur commends those States that have ratified the Optional
Protocol and encourages others to do so as a matter of priority. 5 The Special
Rapporteur intends to work closely with civil society 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 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.
B.
Women and the right to food
26. Although traditionally the role of women has been a part of the agenda on the
right to food, the Special Rapporteur believes that the empowerment of women and
the protection of their rights should be placed at the centre of the policymaking
process on the right to food. Specific programmes and policies should be developed
to empower women as agents of change. That means ensuring that they are granted
equal access to resources, such as land ownership or tenure, water and seeds, and
financial and technological assistance. The empowerment of women should not be
limited to rural areas, but should also be extended to urban women, women from
indigenous communities, those living in refugee camps and undocumented migrants.
In the agricultural sector, policies tend to be “gender blind or gender sensitive in
__________________
3
4
5
8/18
Christophe Golay, “The right to food and access to justice: examples at the national, regional
and international levels” (FAO, 2009).
Christian Courtis, “The right to food as a justiciable rights: challenges and strategies”, Revista
Internacional de Direito e Cidadania, No. 1, (June 2008).
As at 16 July 2014, the following countries had ratified the Optional Protocol: Argentina,
Belgium, Bolivia (Plurinational State of), Bosnia and Herzegovina, Cabo Verde, Ecuador,
El Salvador, Finland, Gabon, Mongolia, Montenegro, Portugal, Slovakia, Spain and Uruguay.
14-58889
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