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Acroecology and the right to food 2011, para. 37
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- Agroecological practices require the supply of public goods such as extension services, storage facilities, rural infrastructure (roads, electricity, information and communication technologies) and therefore access to regional and local markets, access to credit and insurance against weather-related risks, agricultural research and development, education, and support to farmer's organizations and cooperatives. While this requires funding, the investment can be significantly more sustainable than the provision of private goods, such as fertilizers or pesticides that farmers can only afford so long as they are subsidized. While many efforts have been made since 2008 to reinvest in agriculture, too little attention has been paid to the differences between the various types of investment required and to understanding their impacts on the reduction of rural poverty. This has led World Bank economists to note that "underinvestment in agriculture is […] compounded by extensive misinvestment" with a bias towards the provision of private goods, sometimes motivated by political considerations. Research based on the study of 15 Latin American countries over the period 1985-2001 in which government subsidies for private goods was distinguished from expenditures in public goods indicated that, within a fixed national agriculture budget, a reallocation of 10 per cent of spending to supplying public goods increases agricultural per capita income by 5 per cent, while a 10 per cent increase in public spending on agriculture, keeping the spending composition constant, increases per capita agricultural income by only 2 per cent. In other words, "even without changing overall expenditures, governments can improve the economic performance of their agricultural sectors by devoting a greater share of those expenditures to social services and public goods instead of non-social subsidies." Thus, while the provision or subsidization of private goods may be necessary up to a point, the opportunity costs should be carefully considered.
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- Special Rapporteur on the right to food
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Human rights criteria for making contract farming and other business models inclusive of small-scale farmers 2011, para. 51
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- Governments should ensure that the degree of competition among traders is sufficient to prevent farmers from being locked into unequal relationships with a particular trader in the absence of alternative buyers for a given crop. In particular, Governments should ensure that the expansion of contract farming does not result in the dismantling of public support schemes and the privatization of agricultural extension services, which would narrow the range of options available to small-scale farmers and increase the asymmetry of power between unorganized small-scale farmers and private actors operating on a national, regional or global scale.
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- Special Rapporteur on the right to food
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Párrafo
Acroecology and the right to food 2011, para. 12
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- Agroecology is both a science and a set of practices. It was created by the convergence of two scientific disciplines: agronomy and ecology. As a science, agroecology is the "application of ecological science to the study, design and management of sustainable agroecosystems." As a set of agricultural practices, agroecology seeks ways to enhance agricultural systems by mimicking natural processes, thus creating beneficial biological interactions and synergies among the components of the agroecosystem. It provides the most favourable soil conditions for plant growth, particularly by managing organic matter and by raising soil biotic activity. The core principles of agroecology include recycling nutrients and energy on the farm, rather than introducing external inputs; integrating crops and livestock; diversifying species and genetic resources in agroecosystems over time and space; and focusing on interactions and productivity across the agricultural system, rather than focusing on individual species. Agroecology is highly knowledge-intensive, based on techniques that are not delivered top-down but developed on the basis of farmers' knowledge and experimentation.
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Acroecology and the right to food 2011, para. 21
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- By enhancing on-farm fertility production, agroecology reduces farmers' reliance on external inputs and state subsidies. This, in turn, makes vulnerable smallholders less dependent on local retailers and moneylenders. One key reason why agroecology helps to support incomes in rural areas is because it promotes on-farm fertility generation. Indeed, supplying nutrients to the soil does not necessarily require adding mineral fertilizers. It can be done by applying livestock manure or by growing green manures. Farmers can also establish a "fertilizer factory in the fields" by planting trees that take nitrogen out of the air and "fix" it in their leaves, which are subsequently incorporated into the soil. That, in essence, is the result of planting Faidherbia albida, a nitrogen-fixing acacia species indigenous to Africa and widespread throughout the continent. Since this tree goes dormant and sheds its foliage during the early rainy season at the time when field crops are being established, it does not compete significantly with them for light, nutrients or water during the growing season; yet it allows a significant increase in yields of the maize with which it is combined, particularly in conditions of low soil fertility. In Zambia, unfertilized maize yields in the vicinity of Faidherbia trees averaged 4.1 t/ha, compared to 1.3 t/ha nearby, but beyond the tree canopy. Similar results were observed in Malawi, where this tree was also widely used. The use of such nitrogen-fixing trees avoids dependence on synthetic fertilizers, the price of which has been increasingly high and volatile over the past few years, exceeding food commodity prices, even when the latter reached a peak in July 2008. In this way, whatever financial assets the household has can be used on other essentials, such as education or medicine.
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Acroecology and the right to food 2011, para. 27
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- The diversity of species on farms managed following agroecological principles, as well as in urban or peri-urban agriculture, is an important asset in this regard. For example, it has been estimated that indigenous fruits contribute on average about 42 per cent of the natural food-basket that rural households rely on in southern Africa. This is not only an important source of vitamins and other micronutrients, but it also may be critical for sustenance during lean seasons. Nutritional diversity, enabled by increased diversity in the field, is of particular importance to children and women.
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Párrafo
Acroecology and the right to food 2011, para. 34
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- State support can build on those efforts. In Brazil, for example, the 2010 Act on extension and technical assistance for family farming and agrarian reform (Lei 12.188/2010) prioritizes support to rural extension activities in ecological agriculture. This Act will accentuate the qualitative shift in the Brazilian extension services which is parallel to quantitative changes in the last decade. Indeed, extension activities organized under the Brazilian National Rural Extension Policy (2003) have increased from an average of 2,000 activities/year in 2004-2005 to an average of close to 30,000/year in 2007-2009. Such efforts enable a rapid dissemination of best practices, including agroecological practices, especially when farmers participate in the system and are not mere receivers of trainings.
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Párrafo
Acroecology and the right to food 2011, para. 26
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- In the past, Green Revolution approaches have focused primarily on boosting cereal crops. However, rice, wheat and maize are mainly sources of carbohydrates: they contain relatively little protein, and few of the other nutrients essential for adequate diets. The shift from diversified cropping systems to simplified cereal-based systems thus contributed to micronutrient malnutrition in many developing countries. Indeed, of the over 80,000 plant species available to humans, rice, wheat and maize supply the bulk of our protein and energy needs. Nutritionists now increasingly insist on the need for more diverse agro-ecosystems, in order to ensure a more diversified nutrient output of the farming systems.
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Acroecology and the right to food 2011, para. 32
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- The participation of farmers is vital for the success of agroecological practices. So far, agroecology has been developed by grassroots organizations and NGOs, and it has spread through farmer field schools and farmers' movements, such as the Campesino a Campesino movement in Central America. Experience with agroecological techniques is growing everyday within peasant networks such as La Via Campesina and the AgriCultures Network (former LEISA) globally; Réseau des Organisations Paysannes et des Producteurs Agricoles de l'Afrique de l'Ouest (ROPPA), Eastern & Southern Africa Farmers' Forum (ESAFF), and PELUM (Participatory Ecological Land Use Management) network in Africa, MASIPAG network in the Philippines (Magsasaka at Siyentista Tungo sa Pag-unlad ng Agrikultura), or Assessoria e Serviços a Projetos em Agricultura Alternativa (AS-PTA) and Movimento dos Trabalhadores Sem Terra (MST) in Brazil.
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Párrafo
Acroecology and the right to food 2011, para. 28
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- Agroecology improves resilience to climate change. Climate change means more extreme weather-related events. The use of agroecological techniques can significantly cushion the negative impacts of such events, for resilience is strengthened by the use and promotion of agricultural biodiversity at ecosystem, farm system and farmer field levels, which is materialized by many agroecological approaches. Following Hurricane Mitch in 1998, a large-scale study on 180 communities of smallholders from southern to northern Nicaragua demonstrated that farming plots cropped with simple agroecological methods (including rock bunds or dikes, green manure, crop rotation and the incorporation of stubble, ditches, terraces, barriers, mulch, legumes, trees, plowing parallel to the slope, no-burn, live fences, and zero-tillage) had on average 40 per cent more topsoil, higher field moisture, less erosion and lower economic losses than control plots on conventional farms. On average, agroecological plots lost 18 per cent less arable land to landslides than conventional plots and had 69 per cent less gully erosion compared to conventional farms.
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Párrafo
Acroecology and the right to food 2011, para. 35
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- Scaling up agroecology in order to maximize its positive impacts on farmers' incomes, productivity and the environment means both (horizontally) increasing the areas cultivated by agroecological techniques and (vertically) creating an enabling framework for the farmers. Innovative ways of ensuring horizontal expansion include the "pilot scaling up" strategy such as the one successfully implemented in the Chinyanja Triangle (Mozambique, Malawi and Zambia) and West and Central Africa by the World Agroforestry Centre for tree domestication. The strategy relies on the identification of Pilot Scaling Up Areas (PSUAs) and the establishment of "scaling up platforms," the formation of "change teams" and the identification of partners: from grassroots organization to private companies. The targeting of the zones where the adoption of agroecology has the greatest potential, based on biophysical criteria, may be facilitated by Geographic Information Systems (GIS), such as those that have been used both in Europe and in Southern Africa in order to identify the suitability areas for the scaling up of agroforestry systems. As mentioned earlier, the dissemination of the push-pull strategy in East Africa by the International Centre for Insect Physiology and Ecology (ICIPE) was based both on demonstration fields managed by model farmers, which attracts visits by other farmers during field days, and on partnerships with national research systems in neighbouring countries that facilitated take-up of this approach. Localized innovations can spread rapidly through such approaches (see Figure 2 below).
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Párrafo
Acroecology and the right to food 2011, para. 46
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- [The research community, including centres of the Consultative Group on International Agricultural Research and the Global Forum on Agricultural Research, should:] assess projects on the basis of a comprehensive set of performance criteria (impacts on incomes, resource efficiency, impacts on hunger and malnutrition, empowerment of beneficiaries, etc.) with indicators appropriately disaggregated by population to allow monitoring improvements in the status of vulnerable populations, taking into account the requirements of the right to food, in addition to classical agronomical measures.
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Párrafo
Acroecology and the right to food 2011, para. 44
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- [As part of their obligation to devote the maximum of their available resources to the progressive realization of the right to food, States should implement public policies supporting the adoption of agroecological practices by:] making reference to agroecology and sustainable agriculture in national strategies for the realisation of the right to food and by including measures adopted in the agricultural sector in national adaptation plans of action (NAPAs) and in the list of nationally appropriate mitigation actions (NAMAs) adopted by countries in their efforts to mitigate climate change;
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Párrafo
Acroecology and the right to food 2011, para. 47
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- At its 36th session, the Committee on World Food Security (CFS) requested its High-Level Panel of Experts (HLPE) to examine the respective roles of large-scale plantations and small-scale farming, and to review existing assessments and initiatives on the effects of climate change on food security and nutrition, with a view to informing the 37th CFS session. The HLPE and the CFS should assess the potential of agroecology to meet the current challenges in the areas of food security and nutrition, with a view to informing the preparation of the Global Strategic Framework for Food and Nutrition Security (GSF) in 2012, and to strengthening the consistency between the international agendas in the areas of climate change and agricultural development respectively.
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Párrafo
Fisheries and the right to food 2012, para. 10
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- The world's oceans and many of the world's lakes and rivers face serious threats. Without considerable effort to reverse existing trends, the ability of these aquatic ecosystems to continue to provide healthy quantities of fish will further decline. As acknowledged in paragraphs 163 to 168 of the outcome document of the United Nations Conference on Sustainable Development, the situation is worsening rapidly as the impacts of overfishing, destructive fishing and discards are exacerbated by the effects of climate change, pollution and habitat destruction.
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Fisheries and the right to food 2012, para. 16
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- These direct threats to the sustainability of fish production systems are magnified by the impacts of climate change. The rise in atmospheric carbon dioxide leads to increased sea temperatures and ocean acidification, threatening many calcifying organisms such as molluscs, plankton and coral reefs. This reduces dependent fish populations and is exacerbated by unsustainable fishing practices. Warmer sea temperatures may lead to more frequent and severe outbreaks of algal blooms, which can have a devastating impact on fish populations. Extreme climate-related events may destroy coastal habitats. Marine species respond to the warming of oceans by moving to colder waters, which includes shifting their latitudinal range or moving to greater depths. Some fish will gradually move away from rich tropical waters, resulting in localized extinctions and the invasion of some species into waters where they were previously not found.
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Párrafo
Fisheries and the right to food 2012, para. 20
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- International trade in fish products rose from 8 million tons in 1976, with a value of about $8 billion, to 57 million tonnes in 2010, worth an estimated $102 billion. Approximately 40 per cent of all fish production is traded internationally, which is more than other foods such as rice (5 per cent) and wheat (20 per cent). For many low-income food-deficit countries or developing countries, the fisheries sector has become an increasingly important, but undervalued, economic sector, both as a source of export revenue and as a source of State revenue from selling access to distant-water fishing fleets. The overall economic, social and food security impacts of this increase in international trade of fish products are, however, ambiguous
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Párrafo
Fisheries and the right to food 2012, para. 25
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- The creation of fisheries for export markets and the increasing investments of foreign fishing firms may lead to new jobs on fishing boats and at the processing stage (in countries that have the appropriate infrastructure). In many countries, however, jobs on foreign vessels are not open to local citizens and, even where they are, wages and job security are often poor and dangerous. In a 1999 study on safety and health in the fishing industry, the International Labour Organization estimated that 24,000 people working in the fish industry died annually from work-related causes. More recent research has exposed poor, even slave-like, working conditions in many industrial vessels operating illegally in developing coastal countries. This highlights the importance of swift and wide ratification of the Convention concerning Work in the Fishing Sector (Convention No. 188) and the need to introduce provisions concerning work conditions on-board fishing vessels in fishing access agreements.
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- Special Rapporteur on the right to food
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Párrafo
Acroecology and the right to food 2011, para. 44
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- [As part of their obligation to devote the maximum of their available resources to the progressive realization of the right to food, States should implement public policies supporting the adoption of agroecological practices by:] reorienting public spending in agriculture by prioritizing the provision of public goods, such as extension services, rural infrastructures and agricultural research, and by building on the complementary strengths of seeds-and-breeds and agroecological methods, allocating resources to both, and exploring the synergies, such as linking fertilizer subsidies directly to agroecological investments on the farm ("subsidy to sustainability");
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Párrafo
Fisheries and the right to food 2012, para. 45
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- Although success in some countries to restore fish stocks to healthy levels has been achieved, global progress in implementing the various commitments remains disappointing, as confirmed in studies of fisheries management effectiveness. Other targets in the Plan of Action of the World Summit on Sustainable Development have largely been missed. Although fishing capacity has declined in some countries since 2002, it has increased globally from about 4.02 billion kilowatt-days in 2002 to 4.35 billion kilowatt-days in 2010. The total coverage of marine protected areas is estimated at less than 2 per cent.
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Acroecology and the right to food 2011, para. 42
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- In previous reports, the Special Rapporteur has insisted on the need to facilitate the ability of small-scale farmers to join supply chains. Farmers should also be encouraged to move up the value chain by adding value to raw products through assuming increased roles in packaging, processing, and marketing their produce. Cooperatives can help them achieve economies of scale to facilitate adding value. This can also be supported by novel types of partnerships with the private sector. However, improved access to markets is essential if this is to happen. Better access to markets requires the development of communication routes, particularly rural feeder roads. The marginal returns to public spending on feeder roads for agriculture output and poverty reduction has been estimated to be "three to four times larger than the return to public spending on murram and tarmac roads." In addition, support for agroecological practices will fail to achieve the desired results if markets are not organized to protect farmers from volatile prices and the dumping of subsidized products on their local markets, which can seriously disrupt local production. Similarly, public procurement systems, fiscal incentives and credit, and land tenure policies - all areas on which the Special Rapporteur has made contributions in the past - must be aligned with the need to make the transition towards low-carbon and low-external-input modes of production in which farmers co-design the policies that affect them. The school-feeding programme in Brazil for instance, has been used as a leverage to support family farming through its public procurement scheme; future public procurements schemes should promote agroecological practices.
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Párrafo
Acroecology and the right to food 2011, para. 45
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- [Donors should:] engage in long-term relationships with partner countries, supporting ambitious programs and policies to scale up agroecological approaches for lasting change, including genuine multi-polar engagement with public authorities and experts and existing local organizations of food providers (farmers, pastoralists, forest dwellers) and the networks they form, such as ROPPA, ESAFF, La Via Campesina, and PELUM, which have accumulated experience that could be the basis for rapid scaling-up of best practices;
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Párrafo
Fisheries and the right to food 2012, para. 4
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- The total contribution by fisheries to food consumption has grown substantially over the past 50 years, averaging an increase of more than 3 per cent annually. Global per capita fish consumption stands at some 18.4 kg per annum, although significant regional differences exist. In low-income food-deficit countries (excluding China), per capita fish consumption stands at some 10 kg, compared to approximately 29 kg in industrialized countries. Africa has the lowest per capita fish consumption of all continents, at 9.1 kg. Even these aggregate figures mask considerable variations between and within countries, however. Fish consumption, and dependency on fish, can be much higher in island and coastal countries, and in countries with large freshwater lakes and rivers. Furthermore, the lower average fish consumption in many developing countries notwithstanding, fish represents a higher proportion of dietary animal protein in developing countries and low-income food-deficit countries than in developed countries. Globally, fish represents 15 per cent of all animal protein consumed by people, whereas in low-income food-deficit countries the proportion is higher, at about 20 per cent, and in Asia it is higher still, at about 23 per cent. In West and Central African countries such as the Congo, Côte d'Ivoire, Gabon and Ghana, fish provides almost half of a person's animal protein needs. Indeed, there are at least 30 countries in which fisheries contribute more than one third of total animal protein supply, 22 of which are low-income food-deficit countries.
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Párrafo
Acroecology and the right to food 2011, para. 45
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- [Donors should:] encourage South-South and North-South cooperation on the dissemination and adoption of agroecological practices;
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- Special Rapporteur on the right to food
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- Equality & Inclusion
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Párrafo
Fisheries and the right to food 2012, para. 9
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- Maintaining, and in some cases increasing, fish supply can contribute significantly to the realization of the right to food in many countries, especially where alternative sources of high-quality protein are scarce or unaffordable. As demand for fish increases as a result of population growth and urbanization, however, supply can be matched only by further overfishing (beyond the carrying capacity of stocks) and reliance on industrial fishing methods that have profound environmental impacts, or by other means, including the development of aquaculture, the reduction of post-harvest losses and of the diversion of fish for fishmeal and other non-food uses, or the prohibition of the use of destructive fishing gear. Although a decline in per capita fish-food supply is measurable today only in sub-Saharan Africa and is projected for the Pacific island countries and territories, a number of trends now result in serious threats to fish-food availability on a worldwide basis.
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Párrafo
Fisheries and the right to food 2012, para. 15
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- In comparison to some industrial fishing methods, small-scale fisheries rarely discard catches and tend to have a much lower impact on aquatic habitats. In many parts of the world, however, the increase in the number of small-scale fishers is causing stress on fish populations. A minority of small-scale fishers also uses destructive methods of fishing, such as encroachment into protected areas and the use of dynamite fishing, poisons to catch reef fish and extremely fine nets that are banned because of their impact on juvenile fish. In one report on illegal fishing in West Africa, it is claimed that the scale of illegal/unreported fishing by the artisanal fishing fleet is of a similar magnitude to that found in the industrial sector.
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Párrafo
Fisheries and the right to food 2012, para. 19
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- Lastly, the future of fishing is threatened by habitat loss. Mangrove forests, seagrass meadows, salt marshes and coral reefs play a vital role in the reproductive cycles of many fish and marine species. Since the 1940s, however, 35 per cent of the world's mangrove forests has been destroyed and one third of seagrass areas and 25 per cent of salt marshes have been lost. For some habitats, declines are accelerating. Before 1990, seagrass meadows were being lost at a rate of about 1 per cent annually; since 1990, this rate has increased to 7 per cent. One third of coral reefs has disappeared during the past 50 years.
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Párrafo
Fisheries and the right to food 2012, para. 26
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- The quality of working conditions in the fish-processing industry also raises concerns, although conditions have improved since developed countries imposed higher sanitation and hygiene standards. In a 2004 study, FAO showed that, for 9 of the 11 countries surveyed, fish workers were paid close to the minimum wage and often received much lower than the average per capita income for the country. In Chile, for example, the area home to most fish processing factories was also the area with the lowest per capita income levels. Moreover, high levels of seasonal and informal work exist in the processing sector, meaning that many workers are not employed on full-time contracts with basic labour benefits, such as sick pay, pension or maternity leave. In part owing to the many fish-processing firms in the sector, workers often fail to unionize and to enter into collective bargaining.
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Fisheries and the right to food 2012, para. 33
- Paragraph text
- Aquaculture has developed rapidly over the past few decades and is now considered the fastest-growing food production system in the world. Between 1980 and 2010, global fish-food production from aquaculture expanded twelvefold and, by 2010, total production from aquaculture was measured at 79 million tons, worth $125 billion. Aquaculture may provide up to 45 per cent of all fish for direct human consumption, although that figure does not consider the large amount of unrecorded fish caught by both small-scale and industrial fisheries. There are, however, strong regional imbalances. About 62 per cent of the world's total aquaculture production comes from China, and the next five largest producers are all in Asia, which accounts for about 88 per cent of all aquaculture production.
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Fisheries and the right to food 2012, para. 39
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- First, the right to food requires that States respect existing access to adequate food and abstain from taking measures that result in reducing such access. To fully discharge this obligation, States should refrain from adopting any policy that affects the territories and activities of small-scale, artisanal and indigenous fishers unless their free, prior and informed consent is obtained. National and local courts may play a significant role in this regard. Courts should be empowered, in particular, to adjudicate claims from small-scale fishers whose livelihoods are threatened by measures that infringe on their ability to fish so as to provide sufficient income to ensure an adequate standard of living.
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Fisheries and the right to food 2012, para. 46
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- The widespread failure to implement responsible fisheries management notwithstanding, the situation can be rectified. For example, there has been notable progress in creating marine protected areas, with some of the largest protected areas being declared recently, including in northern Australia and in the Indian Ocean surrounding the Chagos Islands. During the United Nations Conference on Sustainable Development, Maldives announced that its entire territorial waters would become a marine reserve by 2017 and industrial fishing and extractive industries therein would be banned. Notwithstanding the benefits expected to accrue from marine protected areas and their relatively minor management costs (around $2 billion in total, compared to the $16 billion spent annually on subsidies in the fishing sector), marine protected areas cannot replace regulation of fishing efforts and harvesting capacity. In addition, they can negatively affect the livelihoods of small-scale fishers and local food security.
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Fisheries and the right to food 2012, para. 50c
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- [The Special Rapporteur has previously described the role that human rights impact assessments of trade and investment agreements can play in allowing countries to discharge their human rights obligations (see A/HRC/19/59/Add.5). Trade and access agreements in fisheries provide another such illustration. The above assessment of the potential opportunities and risks of such agreements (see paras. 29-32) may serve to identify the questions that should be asked in any impact assessment before the conclusion of an agreement by the coastal State. These are, for example:] Are measures in place to ensure that small-scale fishers are equipped to benefit from the opportunities created by trade agreements, in particular by improving their ability to comply with standards and their bargaining position vis-à-vis buyers?
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Fisheries and the right to food 2012, para. 27
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- The employment benefits from the increase of commercial exports must be weighed against the costs. Such an increase may lead to demand-led overfishing and sharpen the competition for resources between industrial and small-scale fishing. Export increases may over time lead to the loss of jobs for fishers in the small-scale sector. In Argentina, for example, the considerable expansion of industrial pelagic fisheries in the 1990s saw the gradual control of those fisheries by foreign-owned fishing enterprises, which displaced smaller, more labour-intensive local companies. The growth of export-oriented fisheries may also lead to employment losses for the fish processors working in the small-scale sector supplying local or regional markets, as was seen in Kenya with the growth in commercial exports of Nile perch to Europe.
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Fisheries and the right to food 2012, para. 34
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- The impressive growth of aquaculture is seen, in part, as a response to the challenges discussed above, in particular to the stagnating wild-capture fisheries. While this holds true in Asia, fish farming is minimal in Africa, the Pacific and Latin America. Consequently, it remains difficult, in the absence of adequate data, to assess whether aquaculture is genuinely supporting food availability and accessibility for people living in poverty. Although small-scale aquaculture can contribute significantly to local food security, considerable investment and growth in aquaculture is for the benefit of exports or for middle-class urban consumers.
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Fisheries and the right to food 2012, para. 44
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- Progress is also being made in managing coastal and inshore areas fished predominantly by small-scale fishers. The limitations of top-down management strategies are now better appreciated and the participation of fishing communities is seen as paramount, as is the integration of local fishers' knowledge of fish and marine habitat changes. The need for community co-management arrangements in fisheries is reinforced in the draft FAO guidelines for securing sustainable small-scale fisheries, which are being finalized through extensive stakeholder consultations at the time of writing.
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Fisheries and the right to food 2012, para. 47
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- As mentioned in paragraph 11 of the present report, subsidies, at least those that support increased industrial fishing capacity, may encourage overfishing. At the Fourth Ministerial Conference of the World Trade Organization (WTO), held in Doha in November 2001, negotiations to clarify and improve WTO disciplines on fisheries subsidies were initiated. At the Sixth Ministerial Conference of WTO, held in Hong Kong, China, in December 2005, broad agreement was reached on strengthening those disciplines, including a prohibition of fisheries subsidies that directly contributed to overcapacity and overfishing. In 2007, the Chair of the Negotiating Group on Rules submitted recommendations that included exemptions for low-income food-deficit countries, in particular for subsidies that promoted the development of and supported small-scale fishers. Such exemptions would be conditional on countries showing that subsidies were provided only where there were robust measures to protect fish stocks and prevent overfishing. While this recommendation has gained widespread approval, there have been more controversial calls to expand the exemptions to other developing countries. Some States have expressed doubts over the contribution of subsidies to overfishing. Disagreements also exist as to exactly what type of subsidies should be prohibited, with opinions differing on issues such as the building of ports and fisheries access agreements. Lastly, there are concerns that, even if agreement is reached, enforcing the WTO disciplines will be extremely difficult, given that 90 per cent of fisheries subsidies are confidential and beyond public scrutiny.
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Fisheries and the right to food 2012, para. 58
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- There is also growing recognition that top-down management strategies have proved unsuccessful for the small-scale sector. The active and meaningful participation by communities in the management of fisheries and the integration into decision-making of local or traditional knowledge of fish and marine habitats held by fishers is paramount. Indeed, there has been significant progress in terms of decentralization and co-management arrangements. Researchers recently identified 130 co-management schemes, covering 44 developed and developing countries, often showing how local communities have been able to develop legitimate institutions of self-governance and established sustainable approaches to managing fishing intensity and ecosystem impacts.
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Fisheries and the right to food 2012, para. 62b
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- [Flag States should protect labour rights in the fishing industry, including by ratifying and implementing the Convention concerning Work in the Fishing Sector (Convention No. 188). In addition, flag States should:] When engaging in fishing access agreements, agree to introduce provisions concerning conditions of work in the fishing industry; support the preparation of human rights impact assessments; and support the efforts of coastal States to regulate the fishing practices of industrial vessels operating in exclusive economic zones.
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Fisheries and the right to food 2012, para. 55
- Paragraph text
- Individual transferable quotas systems may lead to rent capture by some actors in a privileged position, which is difficult to reconcile with poverty-reduction objectives. An alternative might be to allow operators to rent quotas from the Government so that quotas are periodically redistributed on equity grounds. Transferability of quotas (conceived as property rights) will inevitably lead to monopolization, unless limited to transferability between the deceased holder and his/her descendants (if they also fish). Indeed, the Human Rights Committee noted that a system in which the quotas originally held could be sold or leased at market prices instead of reverting to the State for allocation to new quota holders in accordance with fair and equitable criteria might result in discrimination in violation of article 26 of the International Covenant on Civil and Political Rights (see CCPR/C/91/D/1306/2004). Other systems can be explored that combine sustainability requirements (limiting overfishing) and redistributive aims based on human rights norms and standards.
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Fisheries and the right to food 2012, para. 17
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- Oil spills, agricultural and industrial run-off, pollution from aquaculture and the enormous accumulation of plastic debris in water will have lasting effects on marine wildlife. Both climate change and pollution have contributed to dead zones in the ocean, where oxygen levels in surface water are extremely low and can no longer support wildlife. Dead zones are linked with increasingly frequent outbreaks of red tides, where mass mortality events of fish and marine mammals are caused by toxin build-ups owing to lower oxygen levels in their environment.
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Fisheries and the right to food 2012, para. 23
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- Local food supplies can be reduced where host Governments have issued licences or signed access agreements allowing foreign vessels to target fish and fishing grounds used by small-scale fishers, given that foreign boats are geared towards export and may undermine local small-scale fisheries. Although it is noted in the United Nations Convention on the Law of the Sea that countries should provide access to foreign fishing only for surplus fish that the local fishing sector cannot catch (arts. 62 (2), 69 (2) and 70 (3)), short-term economic incentives often prevail and, in many countries, scientific knowledge of surplus fish and information about catches are insufficient to ensure adequate compliance with this provision.
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Fisheries and the right to food 2012, para. 28
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- Support should be given to small-scale fishers to enable their entry into global markets under conditions that provide decent employment and allow fishers' cooperatives to expand into the high-added-value stages of the industry (see table 2). Maldives may serve as an example in this regard. Industrialized tuna fishing has not been permitted and the vast majority of fishing is undertaken by locally owned pole-and-line fishing boats. In other cases, lobster fishers in Ceará, Brazil, for example, formed a cooperative that bypassed middlemen and allowed direct sales to retailers in the United States of America, increasing their profits by 70 per cent.
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Fisheries and the right to food 2012, para. 35
- Paragraph text
- The reliance on wild-caught fish, fishmeal and fish oil in some forms of aquaculture must be considered. While most aquaculture products, such as non carnivorous fish and molluscs, do not need fish as input, many species grown in fish farms require wild-caught fish as feed, for healthy growth and resilience to disease, and to ensure the high nutritional value of the product. In Asia, large quantities of what is known as "trash fish" are used by aquaculture farms, supplied by larger-scale fishing vessels as by-catch and also caught by small-scale fishers in some regions. Data on the volumes of trash fish used in aquaculture in Asia are considered unreliable, but the best estimates put the volume at about 5 million tons. Other forms of aquaculture use processed fishmeal and fish oil as ingredients in fish-feed products, with most caught by industrial fisheries for small pelagics in South America. Overall, some 27 million tons of fish (34 per cent of the world fisheries catch) are ground up annually into fishmeal and oil. Aquaculture accounts for slightly in excess of half of this amount.
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Fisheries and the right to food 2012, para. 43
- Paragraph text
- As awareness has grown of the threat posed by overfishing, international agreements and guidelines have been drawn up to address various dimensions of the problem. These include the United Nations Convention on the Law of the Sea, the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (the 1995 Fish Stocks Agreement) and the FAO Code of Conduct for Responsible Fisheries, which adopt precautionary and ecosystem approaches to fisheries. Arguably the most ambitious is the Plan of Action of the World Summit on Sustainable Development, which includes actions to reduce overcapacity in the global fishing fleet, a commitment to expand the total coverage of marine protected areas to 10 per cent of the world's oceans by 2012 (later deferred to 2020 in the light of the slow progress) and to rebuild fish stocks by 2015. At the United Nations Conference on Sustainable Development, Governments pledged to intensify their efforts in that regard (see para. 168 of the outcome document).
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 6
- Paragraph text
- The world is now paying a high price for having focused almost exclusively on increasing production over the past half-century. Undernutrition remains considerable, largely because agrifood systems have not contributed to the alleviation of rural poverty. One in seven people on a global level are still hungry. About 34 per cent of children in developing countries, 186 million children in total, have a low height for age, the most common symptom of chronic undernutrition. Although the Food and Agriculture Organization of the United Nations (FAO) Food Price Index, adjusted for inflation, indicates that food costs declined from the early 1960s until 2002 (apart from a peak in 1973-1974), the poorest are still too poor to feed themselves in dignity because agriculture has not been designed to support the livelihoods of the most vulnerable and marginalized groups.
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Fisheries and the right to food 2012, para. 60
- Paragraph text
- States should discharge their duties to respect, protect and fulfil the right to food in the fisheries sector by moving towards sustainable resource use while ensuring that the rights and livelihoods of small-scale fishers and coastal communities are respected and that the food security of all groups depending on fish is improved. This is a difficult balance to strike, but, without swift and bold action by States, the contribution made by fisheries to securing the right to food will diminish, with considerable consequences, in particular for poorer rural communities that depend on fisheries for both their nutritional needs and their income. Both coastal and flag States should accept their duties in this regard and should actively involve the fishing communities themselves, both in fisheries management and in the design and implementation of policies in adjacent sectors that could affect fishing.
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Fisheries and the right to food 2012, para. 52
- Paragraph text
- The FAO Committee on Fisheries is currently developing international guidelines for securing sustainable small-scale fisheries, a follow-up to the Global Conference on Small-Scale Fisheries, held in Bangkok in October 2008, and a complement to the Code of Conduct for Responsible Fisheries. The Special Rapporteur welcomes this important initiative, in which he intends to remain actively involved. Linking the content of the guidelines to the norms and standards of international human rights law, including the right to food, is essential. Below, the Special Rapporteur offers general remarks on some key issues to be considered in the negotiations.
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Fisheries and the right to food 2012, para. 57
- Paragraph text
- Progress in providing exclusive fishing zones for small-scale fishers notwithstanding, there are persistent and widespread complaints of violations, such as prohibited fishing by industrial boats and the damaging effects of other industries, including mining, port development, fish processing, coastal aquaculture and real estate development, especially linked to the tourism sector. There is growing conflict over the use of marine and aquatic resources, in particular owing to insecure land tenure for the members of small-scale fishing communities. This underscores the important need for States to fully implement the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security. It also highlights the need for programmes in which fishers collaborate with the authorities to monitor infringements of their exclusive fishing zones. Such programmes have been initiated in some countries with varying degrees of success.
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Fisheries and the right to food 2012, para. 61d (v)
- Paragraph text
- [Coastal States and landlocked States with inland fisheries should:] Consistent with the pledge made at the United Nations Conference on Sustainable Development (see para. 175 of the outcome document), strengthen access to fishery resources and improve the incomes of small-scale fishing communities by: Providing adequate social protection or safety net interventions to communities who depend on fishing for their livelihoods, in order to reduce the need for food-insecure and/or low-income groups to engage in coping but unsustainable fishing practices in times of crisis;
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 37
- Paragraph text
- Governments have become aware of the adverse impacts of the spread of non-communicable diseases, caused by suboptimal breastfeeding and young child feeding and unhealthy diets, and they recognize the urgent need to take action. In 2002 and 2004, respectively, WHA adopted the Global Strategy for Infant and Young Child Feeding and the Global Strategy on Diet, Physical Activity and Health. The latter recommends, inter alia, reducing energy intake from total fats, shifting fat consumption away from saturated fats to unsaturated fats, and eliminating trans-fatty acids; increasing the consumption of fruits and vegetables, legumes, whole grains and nuts; limiting the intake of free sugars; limiting salt consumption and ensuring that all salt is iodized. States are encouraged to adopt a national strategy on diets and physical activity; to provide accurate and balanced information to consumers; to align food and agricultural policies with the requirements of public health; and to use school policies and programmes to encourage healthy diets. Infant food manufacturers are expected to comply with provisions of the International Code of Marketing of Breast-milk Substitutes and subsequent relevant WHA resolutions and manufacture their products according to Codex Alimentarius standards. The agrifood industry is expected to reduce the fat, sugar and salt content of processed foods and portion sizes, to increase nutritious and healthy choices, and to review their marketing practices. More recently, in 2011, Governments pledged to promote, protect and support breastfeeding and strengthen the implementation of the International Code and to "reduce the impact of the common non-communicable disease risk factors," including unhealthy diets, by implementing "relevant international agreements and strategies, and education, legislative, regulatory and fiscal measures."
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 46
- Paragraph text
- Premature deaths resulting from non-communicable diseases linked to bad diets are deaths that can be avoided, and States have a duty to protect in this regard. By implementing the Global Strategy for Infant and Young Child Feeding and the Global Strategy on Diet, Physical Activity and Health, as well as the Political Declaration of the High-level Meeting of the General Assembly on the Prevention and Control of Non-communicable Diseases, States are not only making political commitments but also discharging their duty under international human rights law to guarantee the right to adequate food.
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Fisheries and the right to food 2012, para. 53
- Paragraph text
- Access rights of artisanal and small-scale fishing communities - more than 90 per cent of whom are in developing countries - are protected under various instruments. Under article 5 (i) of the 1995 Fish Stocks Agreement, States are required to take into account the interests of artisanal and subsistence fishers. In article 6.18 of the Code of Conduct for Responsible Fisheries, there is recognition of the important contributions of artisanal and small-scale fisheries to employment, income and food security, with States recommended to appropriately protect the rights of fishers and fish workers, particularly those engaged in subsistence, small-scale and artisanal fisheries, to a secure and just livelihood, as well as preferential access, where appropriate, to traditional fishing grounds and resources in the waters under their national jurisdiction.
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 17
- Paragraph text
- Second, the focus on pregnant and lactating women and infants in some recent nutrition initiatives, while understandable, should not lessen the need to address the nutritional needs of others, including children, women who are not pregnant or lactating, adolescents and older persons. The right to adequate food, which includes adequate nutrition, is a universal right guaranteed to all. This pleads in favour of broad-based national strategies for the realization of the right to food that address the full range of factors causing malnutrition, rather than narrowly focused initiatives that address the specific needs of a child's development between conception and the second birthday.
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Fisheries and the right to food 2012, para. 61d (iii)
- Paragraph text
- [Coastal States and landlocked States with inland fisheries should:] Consistent with the pledge made at the United Nations Conference on Sustainable Development (see para. 175 of the outcome document), strengthen access to fishery resources and improve the incomes of small-scale fishing communities by: Strengthening the position of small-scale fishers in the production chain, for example by supporting the formation of cooperatives and assisting them to expand into the high-added-value stages of the industry;
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Fisheries and the right to food 2012, para. 63e
- Paragraph text
- [To preserve the long-term sustainability of fishing and the availability of local fish as food, in particular by combating overfishing, all States should:] Reduce the proportion of fish used for fishmeal purposes, including by promoting direct human consumption of some small and nutritious fish, curbing demand for fish proteins from fish higher up the food chain (such as tuna and salmon or farmed carnivorous species such as prawns) by affluent consumers, which leads to overexploitation of marine resources worldwide, and considering imposing restrictions on the proportion of fish that can be used for reduction purposes.
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 36
- Paragraph text
- Significant concerns are expressed today about the marketing practices of the agrifood industry, particularly as regards marketing to children. The range of practices is wide: they include television advertising, product placement, promotional partnerships, sales promotions, and direct marketing in schools, among others. Most advertisements promote unhealthy foods, high in total energy, sugars and fats, and low in nutrients. A recent study covering television advertising in Australia, Asia, Western Europe, and North and South America, found that in all sampled countries, children were exposed to high volumes of television advertising for unhealthy foods, featuring child-oriented persuasive techniques, leading the authors to call for regulation of food advertising during children's peak viewing times. The ability of these marketing practices to change consumer behaviour is remarkable in developing countries, in part because brands of North-based global companies carry positive connotations.
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 43
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- While the agrifood industry is encouraged to produce and develop more healthy foods, very little is said about the need to develop more healthy food systems that can deliver sustainable diets in the holistic sense referred to above. But it is high time to recognize the real tension that exists between a strategy that promotes processed foods, enriched with nutrients to the point that diets become medicalized, and a strategy that promotes local and regional food systems, as well as a shift towards foods that are less heavily processed and thus more nutritious. For reasons of logistics and seasonality, as well as the urbanization of lifestyles, these two strategies must sometimes be combined, as not all foods can be sourced locally or bought in farmers' markets. But priorities must nevertheless be set in public policies. The market for food products cannot expand infinitely, and choices must be made as to which food system to promote.
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Assessing a decade of progress on the right to food 2013, para. 7
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- The right to food seeks to ensure access to adequate diets. Although access is necessary for individuals to be adequately nourished, it is not the only requirement. Obviously, food availability is also required (which necessitates appropriate functioning of markets to ensure that foodstuffs can travel from the producers to the markets and from food-surplus regions to food-deficit regions). Access to health-care services and sanitation, as well as adequate feeding practices, are also essential. In this regard, the right to food is also closely connected to the right to health and to what is described as adequate "utilization".
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 5
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- This is changing. Experts now agree that food systems must ensure the access of all to "sustainable diets", defined as "diets with low environmental impacts which contribute to food and nutrition security and to healthy life for present and future generations. Sustainable diets are protective and respectful of biodiversity and ecosystems, culturally acceptable, accessible, economically fair and affordable; nutritionally adequate, safe and healthy; while optimizing natural and human resources". This definition recognizes the need to gear agrifood systems away from an exclusive focus on boosting production and towards integrating the requirements of the adequacy of diets, social equity and environmental sustainability. All these components are essential to achieving durable success in combating hunger and malnutrition, as emphasized by the Special Rapporteur in past reports.
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 11
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- The fight against NCDs is underfunded, in part, because it was not included in the Millennium Development Goals adopted in 2000. Less than 3 per cent of development assistance for health goes to combating NCDs, even though they cause more than one third of all premature deaths. The poorest segments of the population are affected disproportionately. Poor families may be unable to afford the increased health-care expenditures that result from NCDs. Annually, 100 million people are pushed into poverty because they cannot afford the necessary health services. In India for example, treatment for diabetes costs an affected person on average 15-25 per cent of household earnings, and cardiovascular disease leads to catastrophic expenditure for 25 per cent of Indian families and drives 10 per cent of families into poverty. Furthermore, people who are affected may not be able to work, and their family members may have to provide care, resulting in lost revenues. Poor families may be less educated, on average, about the risks of unhealthy diets, and they lack the resources to improve their diets.
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 16
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- First, it is troubling that the 1981 International Code of Marketing of Breast-milk Substitutes and subsequent World Health Assembly (WHA) resolutions remain under-enforced, despite the wide recognition that exclusive breastfeeding for the six first months and continued breastfeeding, combined with safe and adequate complementary foods, up to 2 years old or beyond is the optimal way of feeding infants, and reduces the risk of obesity and NCDs later in life. Countries committed to scaling up nutrition should begin by regulating the marketing of commercial infant formula and other breast-milk substitutes, in accordance with WHA resolution 63.23, and by implementing the full set of WHO recommendations on the marketing of breast-milk substitutes and of foods and non-alcoholic beverages to children, in accordance with WHA resolution 63.14.
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 26
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- In section II, the Special Rapporteur described the considerable growth of non-communicable diseases and preventable deaths in all regions. A wide range of factors explain this evolution. They include tobacco and alcohol use, reduced physical activity linked to urbanization and thus more sedentary lifestyles, and inadequate diets. These avoidable deaths are often attributed to "lifestyle choices"-choices to exercise less, choices to consume more salt, sugars and fats. But the problem is a systemic one. We have created obesogenic environments and developed food systems that often work against, rather than facilitate, making healthier choices. The transformation of agrifood systems plays a major part in this trend.
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 7
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- Additionally, a large number of people (with children and women being affected disproportionately) suffer from micronutrient deficiencies. Vitamin A deficiency affects at least 100 million children, limiting their growth, weakening their immunity and, in cases of acute deficiency, leading to blindness and to increased mortality. Between four billion and five billion people suffer from iron deficiency, including half of the pregnant women and children under 5 in developing countries, and an estimated two billion are anaemic. Iron deficiency impairs growth, cognitive development and immune function, and it leads children to perform less well in school and adults to be less productive. Iodine and zinc deficiencies also have adverse impacts on health and reduce the chances of child survival. About 30 per cent of households in the developing world do not consume iodized salt, and children born to highly iodine-deficient mothers are likely to experience learning disabilities or cretinism. Finally, lack of certain vitamins and minerals may also affect physical and mental development and the immune system.
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 15
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- Assessments of these various nutrition promotion initiatives and the projects under the umbrella of the SUN initiative fall outside the scope of the present report. The increasing international profile of nutrition should be welcomed. It is positive too that SUN acknowledges the need for efforts to scale up nutrition to be driven by national authorities with a cross-sectoral approach, and that it brings together commitment and support from developing country Governments, donors, civil society, development agencies and the private sector. In providing assistance however, these actors must not overlook the entitlements that have been established under international law for women, children, minorities, refugees and internally displaced persons, and other groups that may be subjected to marginalization and discrimination. The Special Rapporteur, while welcoming the progress made through SUN, calls for an explicit alignment of its initiatives with human rights, including the right to food. A number of observations should be made in this regard.
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 20
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- Fourth, potential concerns exist regarding the relationship between solutions that rely on imported technologies and products and the local contexts in which these solutions are applied. Technology has a key role to play in improved nutrition. For instance, the iodization of salt is a cost-effective way to reduce iodine deficiency. Biofortification-the improvement at crop level of the micronutrient content of staples-can provide important benefits for rural populations, improving their access to micronutrient-rich foods produced locally at more affordable prices, as illustrated by the adoption of the orange-fleshed sweet potato in Mozambique that reduced vitamin A deficiency significantly. But such technologies could result in long-term dependency for the communities concerned if protected by intellectual property rights. Moreover, opportunities and market access for local farmers could be reduced if they result in the creation of new markets that are captured by the economic actors introducing such technologies.
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 41
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- States should implement fully in legislation the International Code of Marketing of Breast-milk Substitutes and subsequent WHA resolutions. But the marketing practices of the food industry have impacts such that bolder action is required. Self-regulation by the agrifood industry has proven ineffective. As noted by the International Obesity Task Force Working Group experts when they developed the Sydney Principles for reducing the commercial promotion of foods and beverages to children, industry codes cannot "substantially reduce the large volume and high impact of marketing obesogenic foods and beverages to children". It is one thing to prohibit advertising that "exploits the credulity of children," but quite another to control the amount of advertising delivered and the appeal it creates for the products, influencing children's diets. Even the best practices in the area, such as the EU Pledge initiated in December 2007 by a number of large agrifood companies, do not go as far as they should, namely, to prohibit all advertising that could encourage children to consume more HFSS foods.
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 49
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- Combating the different faces of malnutrition requires adopting a life-course approach guaranteeing the right to adequate diets for all, and reforming agricultural and food policies, including taxation, in order to reshape food systems for the promotion of sustainable diets. Strong political will, a sustained effort across a number of years, and collaboration across different sectors, including agriculture, finance, health, education and trade, are necessary for such a transition. In line with these conclusions, the Special Rapporteur makes the following recommendations.
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 35
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- The impacts of increasingly globalized food chains and the uniformization of diets across the globe have disparate impacts across population groups. As a country transitions towards higher income levels, the burden of overweight and obesity shifts. The poorest segment of the population is at low risk of obesity in poor countries, but in upper-middle income developing economies (with a gross national product per capita of over about US$ 2,500) and in high-income countries, it is the poorest who are most negatively affected. In high-income countries, while the poor bear a disproportionate burden of overweight or obesity, women are particularly at risk because their incomes are on average lower than those of men, and because men in the low-income group often are employed on tasks that are physically demanding and require large expenses of energy. Overweight or obese women tend to give birth to children who themselves tend to be overweight or obese, resulting in lower productivity and discrimination. Thus, socio-economic disadvantage is perpetuated across generations by the channel of overweight or obesity.
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 42
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- The General Assembly recognized the problem. It recommended further implementation of the WHO set of recommendations on the marketing of foods and non-alcoholic beverages to children, and that States consider statutory regulation as the most effective way to reduce the marketing of HFSS foods to children (see para. 22 and recommendation 8 of the WHO recommendations). Indeed, the protection of the human right to adequate food requires nothing less. But efforts should not stop there. Children are not the only victims of marketing practices that promote HFSS foods and make questionable health claims. The power of the agrifood industry to influence diets has been well documented, and the public budgets for nutrition education are no match for the advertising budgets of fast food and sweet beverage companies. The Special Rapporteur sees no reason why the promotion of foods that are known to have detrimental health impacts should be allowed to continue unimpeded: these products reduce the life expectancy, in particular, of the poorest segment of the population, who are also the least nutritionally literate, and to protect children only would be like reducing the WHO Framework Convention on Tobacco Control to its article 16, which deals with sales of tobacco products to minors. In addition, an international framework, in the form of an international code of conduct regulating marketing food and beverages in support of national efforts, might be desirable in order to take into account the international nature of commercial promotion of energy-dense, micronutrient-poor food and beverages.
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Assessing a decade of progress on the right to food 2013, para. 6
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- The right to food has more to do with modes of production and issues of distribution than with levels of food production alone. It primarily aims to guarantee to each person, individually or as part of a group, permanent and secure access to diets that are adequate from the nutritional point of view, sustainably produced and culturally acceptable. Such access can be ensured through three channels that often operate in combination: (a) self-production; (b) access to income-generating activities; and (c) social protection, whether informally through community support or through State-administered redistributive mechanisms. As such, depending on the population concerned, the right to food is closely related to the right of access to resources such as land, water, forests and seeds, that are essential to those who produce food for their own consumption; the right to work, guaranteed under article 6 of the International Covenant on Economic, Social and Cultural Rights; and the right to social security, protected under article 9 of the Covenant.
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The right to an adequate diet: the agriculture-food-health nexus 2012, para. 19
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- The efforts on these fronts must continue. Nutrition interventions should be but one part of broader-based strategies for the realization of the right to adequate food. For example, the provision of fortified foods (enriched to improve nutritional content) may be necessary, where local production is insufficiently diversified and incapable of supplying the full range of foods required for adequate diets. Rebuilding and strengthening local food systems through diversified farming systems to ensure the availability of and accessibility to adequate diets will be more sustainable in the long term. Food systems based on local knowledge and conditions, such as homestead or community gardens, can be a cost-effective way to combat micronutrient deficiency, as demonstrated by examples in Bangladesh, Cambodia, Nepal, the Niger and South Africa; such alternative food systems present the additional advantage of increasing local incomes and resilience to price shocks, another pathway through which positive nutritional outcomes can be achieved.
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Assessing a decade of progress on the right to food 2013, para. 45
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- Third, multi-year strategies make it possible to combine short-term approaches (that prioritize access to food for the hungry) and long-term concerns (removing the structural causes of hunger), building bridges across them. This is especially important where, as is often the case for low-income countries, years of underinvestment in agriculture has led them to increase their dependency on food imports and food aid, leading to a vicious cycle in which imports and aid discourage local production, which in turn increases dependency, increasing vulnerability in a context of higher and more volatile prices on international markets. Such countries must gradually reinvest in local production and social protection, but the transition from a high dependency on food aid and imports must be managed across time: a multi-year strategy facilitates the management of such a transition.
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Assessing a decade of progress on the right to food 2013, para. 50
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- National human rights institutions established in conformity with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles; see General Assembly resolution 48/134, annex) can play a crucial role in monitoring compliance with the right to adequate food and, where they have such competence, to examine complaints filed by aggrieved individuals. In India, investigations by the National Human Rights Commission facilitated the work of the Supreme Court and that of the Commissioners of the Court by inquiring into the implementation of schemes securing livelihoods. In Colombia, the Office of the Public Defender presented a report on the implementation of the 2008 National Food and Nutrition Security Policy, recommending improvements to the legal framework and to mechanisms ensuring coordination. In Guatemala, the Office of the Human Rights Ombudsman has a specific mandate to monitor the implementation of the national food and nutrition security policy. Its 2011 report regretted persistent coordination failures despite the establishment of the National Council on Food and Nutrition Security, and its 2012 report encouraged improved funding for food and nutrition security programmes, which remain highly dependent on foreign aid. In El Salvador, the Office of the Human Rights Ombudsman has prepared three national reports since 2007 proposing the development of an appropriate legal and political food and nutrition security framework to guarantee the right to food. National human rights institutions in a range of other countries, including Cameroon, Honduras, Malawi, Slovenia, South Africa and Venezuela (Bolivarian Republic of), monitor violations of the right to food. In Norway, an important function of the Parliamentary Ombudsman is to investigate complaints concerning social security benefits.
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Assessing a decade of progress on the right to food 2013, para. 9
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- The right to food is increasingly stipulated in domestic constitutions, as recommended by Guideline 7 of the Right to Food Guidelines. In 1994, South Africa included the right to food in article 27 of the post-apartheid Constitution. Other countries have followed suit. The new Constitution of Kenya, approved by a popular referendum in 2010, states the right of every person "to be free from hunger and to have adequate food of acceptable quality"; like that of South Africa, the Constitution imposes on the State a duty to respect, protect, promote and fulfil that right. A 2011 study identified 24 States in which the right to food was explicitly recognized, although in about half of them, it was recognized for the benefit of a particular segment of the population only, such as children, and sometimes through another human right such as the right to life. Since that study was completed, articles 4 and 27 of the Constitution of Mexico were amended in order to insert the right to food. In El Salvador, Nigeria, and Zambia, processes of constitutional revision are under way that may lead to insertion of the right to food in the respective Constitutions. In other countries, such as Uganda and Malawi, ensuring access to adequate food and nutrition is defined as a principle of State policy. In Germany, the right to food is indirectly protected by the guarantee to a decent subsistence minimum so that everyone may live in dignity. In addition, among the countries that replied to the Special Rapporteur's questionnaire, a number, including Argentina and Norway, implicitly guarantee the right to food by granting constitutional rank or a rank superior to the Constitution to the International Covenant on Economic, Social and Cultural Rights and other international human rights treaties ratified by the State.
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Assessing a decade of progress on the right to food 2013, para. 18
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- Second, in situations of natural disaster or conflict, or "whenever an individual or group is unable, for reasons beyond their control, to enjoy the right to adequate food by the means at their disposal, States have the obligation to fulfil (provide) that right directly" (see E/C.12/1999/5, para. 15). This component of the right to food has been invoked successfully before courts in recent years. In Nepal, the Supreme Court issued an interim order in 2008 for the immediate provision of food in a number of districts that food distribution programmes were not reaching, confirming and extending its initial order on 19 May 2010. It acted at the request of the non governmental organization Pro Public, which invoked the provisions of the 2007 interim Constitution of Nepal guaranteeing the fundamental right to food sovereignty and the right to a dignified life, as well as the international obligations of Nepal to fulfil the right to food. In Mexico, relying on the recent amendment to article 4 of the Constitution and the 2009 Food and Nutrition Security Law of the Federal District, one homeless person obtained on 22 March 2012 an injunction from the First District Administrative Judge of the Federal District, directed in particular against the Secretariat for Social Development and the National Coordination Office of the "Desarrollo Humano Oportunidades" programme for a failure of the authorities to comply with their obligation to protect the rights to health, to food and to housing. In May 2013, a juvenile court in Guatemala ordered 10 Government institutions to adopt a set of 26 specific measures to compensate damages caused to five children in two villages of Camotán, who were left malnourished as a result of the State's failure to provide support. The order was based on the 2005 Food and Nutrition Security Law and Guatemala's obligations under the International Covenant on Economic, Social and Cultural Rights. It included such restitution and compensation measures as food assistance, land distribution, water access, agricultural training and seed provision. Where the situation of individuals or communities is so desperate as to condemn them to hunger unless they are given support, courts routinely have relied on the right to life to impose such obligations to provide.
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Assessing a decade of progress on the right to food 2013, para. 12
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- Courts are generally well-equipped to enforce this obligation. In the case of Kenneth George and Others v. Minister of Environmental Affairs and Tourism, the High Court of South Africa ordered a revision of the Marine Living Resources Act, requiring the development of a new framework taking into account "international and national legal obligations and policy directives to accommodate the socioeconomic rights of [small-scale] fishers and to ensure equitable access to marine resources for those fishers". This resulted in the adoption of a new Small-Scale Fisheries Policy in May 2012, which recognizes the importance of small-scale fisheries in contributing to food security and as serving as a critical safety net against poverty. In Honduras, the Sectional Court of Appeal in San Pedro Sula granted a constitutional remedy in the Brisas del Bejuco case in order to prevent the eviction of a group of small-scale farmers, referring to the obligation of the State to protect the right to food under the International Covenant on Economic, Social and Cultural Rights. The African Commission on Human and Peoples' Rights has protected the resources on which the Ogoni people depend for their livelihoods against the damage caused by oil companies operating on their territories, a position reaffirmed in 2012 by the Court of Justice of the Economic Community of West African States. In all these cases, courts or quasi-judicial bodies have protected the right to food by prohibiting actions that would undermine the ability of individuals and communities to produce their own food.
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Assessing a decade of progress on the right to food 2013, para. 31
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- Social audits can be effective provided a number of conditions are met, including: (a) adequate information to beneficiaries on the entitlements they have a right to claim; (b) wide publicity to ensure broad participation across all segments of the community; (c) adequate information on inputs or expenditures, making it possible to track discrepancies with actual delivery of services; (d) technical competence of an intermediary group to facilitate the process; and (e) choice of indicators and appropriate level of the community involved.
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Assessing a decade of progress on the right to food 2013, para. 25
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- From the point of view of the right to food, the provisions that ensure transparency and accountability in the implementation of the programmes are particularly noteworthy. As part of the reform of the Targeted Public Distribution System, all transactions relating to the distribution of foodgrains will be computerized, from the stage of procurement to the stage of delivery, "in order to ensure transparent recording of transactions at all levels and to prevent diversion" (sect. 12 (2) (b)); and the records are to be made available to the public (sect. 27). Periodic social audits must be performed on the functioning of the fair price shops, Targeted Public Distribution System and other welfare schemes and the findings will be publicized and lead to improvements (sect. 28 (1)). State governments are to put in place grievance redressal mechanisms, "which may include call centres, helplines, designation of nodal officers, or such other mechanism as may be prescribed" (sect. 14). Grievance Redressal Officers will be appointed at the level of each district, with a power to "hear complaints regarding non-distribution of entitled foodgrains or meals" and provide redress (sect. 15). Appeals against decisions by these officers may be filed before State Food Commissions established, within each State of the Union of India, to monitor and review implementation of the Ordinance (sect. 16). In addition to hearing appeals against decisions by District Grievance Redressal Officers, their powers include inquiring about implementation of the Ordinance, whether upon receiving complaints or at their own initiative; making recommendations for improvements; and preparing annual reports to the State Legislature. Finally, vigilance committees are to be established at the various levels, from the fair price shop level to the state level, with a view to ensuring proper implementation and alerting the District Grievance Redressal Officer to any violation (sect. 29).
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Assessing a decade of progress on the right to food 2013, para. 21
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- This transforms the relationship between the authorities in charge of delivering the benefits and the beneficiaries into a relationship between duty-bearers and rights-holders. The institutionalization of social protection schemes facilitates decentralized monitoring of their implementation and broader accountability. It acts as a safeguard against elite capture, corruption, political clientelism or discrimination. Various studies also show that, in the absence of such safeguards, farm inputs as well as extension services may benefit primarily the elites or the best-connected households, leaving aside the poorest producers or those living in remote areas, as well as women.
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Assessing a decade of progress on the right to food 2013, para. 26
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- The National Food Security Ordinance could be further improved. Questions relating to access to productive resources for food producers are omitted, and too little attention has been paid to issues of nutrition. For destitute persons, Grievance Redressal Officers established at the District level may be, in fact, inaccessible. Although they are to exercise quasi-judicial investigatory powers (sect. 20), the State Food Commissions, whose six members are to be appointed as provided by each State government, may not present the required guarantees of independence and impartiality to function effectively as monitoring bodies. The Ordinance nevertheless provides an example of a food security law that defines as legal entitlements a large range of benefits that are aimed at ensuring that people are not denied access to food simply because they are poor, and establishes a set of accountability mechanisms at different levels.
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Assessing a decade of progress on the right to food 2013, para. 40
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- The involvement of civil society and farmers' organizations in the design and implementation of policies aiming at the eradication of hunger and malnutrition ensures that such policies will not be driven by political expediency. However, one of the shortcomings of current food and nutrition security systems and legal frameworks is that they do not designate the judicial, quasi-judicial and administrative bodies to which claims relating to the violation of the right to food can be presented, nor are sanctions for non-compliance set out in national law. Framework laws could be strengthened by providing recourse mechanisms to the individuals or organizations aggrieved by their lack of implementation, for instance if the Food and Nutrition Security Council does not meet as provided or if its recommendations receive no response.
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Assessing a decade of progress on the right to food 2013, para. 47
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- The increasing recognition of the importance of a legal and policy framework grounded in the right to food reflects a growing understanding that hunger is not simply a problem of supply and demand, but primarily a problem of a lack of access to productive resources such as land and water for small-scale food producers; limited economic opportunities for the poor, including through employment in the formal sector; a failure to guarantee living wages to all those who rely on waged employment to buy their food; and gaps in social protection.
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Women’s right and the right to food 2013, para. 20
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- In addition to expanding their economic opportunities in later life, higher enrolment rates for girls delay marriage and can thus lower the number of children a woman has, therefore enabling more women to seek employment with higher incomes. Low levels of education and early marriage create a vicious cycle in which women have many children and thus reduced opportunities for improving their education and seeking employment outside the home. Higher levels of education means women can take control over their fertility and be able to make informed decisions in terms of their sexual health and family planning, resulting in fewer children and improved economic opportunities.
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Párrafo
Women’s right and the right to food 2013, para. 25
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- Insofar as conditionalities can improve the educational attainments of girls, they should be welcomed. CCT benefits are usually given to women, as the "caregivers" of households - in Brazil, 94 per cent of the recipients of the Bolsa Familia transfers are women. This is expected to strengthen their negotiating role within the family, although such an outcome is far from automatic. The Right to Food Guidelines recommend that States "give priority to channelling food assistance via women as a means of enhancing their decision-making role and ensuring that the food is used to meet the household's food requirements." (guideline 13.4). Beyond these aspects however, too little attention has been paid to the gender impacts of CCTs, when such programmes are put in place. [...]
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Párrafo
Assessing a decade of progress on the right to food 2013, para. 58i
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- [In particular, the Special Rapporteur encourages:] The FAO Committee on World Food Security to serve as a catalyst to accelerate progress towards the establishment of legal, institutional and policy frameworks that are conducive to the full realization of the right to food for all, and to use the review of the implementation of the Right to Food Guidelines at its forty-first session in 2014 to encourage all member States to make effective use of the right to food to eradicate hunger and malnutrition;
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Assessing a decade of progress on the right to food 2013, para. 38
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- Progress is being made on this front in other regions as well. The 2011 Zanzibar Food Security and Nutrition Act affirms the obligations to respect, protect and fulfil the right to food; establishes a National Food Security and Nutrition Council; and instructs sector ministers to account for food security and nutrition concerns in their policies and programmes and to include adequate resources in their budgets. In Malawi, a proposal was made by civil society organizations in 2010 for a national food security bill. In Mozambique, the Technical Secretariat for Food and Nutritional Security, an interministerial coordination body, led an inclusive process to the same effect. In Uganda, the Nutrition Action Plan 2011-2016 mentions the need to fast-track the adoption of the Food and Nutrition Bill, which should lead to the adoption of a Food and Nutrition Council. Senegal and Mali, in 2004 and 2006, respectively, adopted framework laws that are centred on the establishment of agricultural policies, allowing farmers' organizations to contribute to the design of such policies. Although restricted to the agricultural sector and not extending to food security policies as a whole, they are a first and promising attempt to improve accountability and participation. In Indonesia, a Food Law (18/2012) was passed in November 2012 where the right to food, food sovereignty and food self-sufficiency are important pillars; a national food security agency should be established before 2015. Thailand adopted the 2008 National Food Committee Act, establishing a body composed of 11 ministers and four secretariats, as well as seven independent experts, tasked in particular to promote the adoption of food security strategies and to "control, monitor and evaluate the outcomes of policies and strategies" adopted in this area (section 10 (5)).
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Assessing a decade of progress on the right to food 2013, para. 46
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- Providing such a predictable framework is essential to attract investors and to allow the private sector to adapt to what the strategy entails. It is also important for public programmes to bridge the gap between short-term and ad hoc approaches and longer-term objectives. For instance, it has been found that school-feeding programmes work best when they are part of multi-year strategies, with predictable and secured funding. This favours investment in local food producers supplying the programme and in the skills required to implement it, including cooking skills that must be mobilized within schools or community kitchens serving schools.
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Assessing a decade of progress on the right to food 2013, para. 51
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- National human rights institutions, ombuds institutions or human rights ombudsmen may go beyond monitoring violations and reporting. They occasionally may seize judicial authorities or trigger action by food and nutrition security councils established under framework laws on the right to food. In Argentina, the National Ombudsman requested in 2007 that the Supreme Court order the national State and the Government of Chaco Province to provide food and drinking water to the province's indigenous Toba communities. In Brazil, a similar role can be played by the Public Ministry, which is composed of independent public prosecutors that can hold public authorities accountable in the implementation of programmes relating to food and nutrition.
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Women’s right and the right to food 2013, para. 10
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- In addition, it is not unusual for the remuneration in this "periphery" segment to be calculated on a piece-rate basis, based on how much of the task has been accomplished. This mode of calculation of the wage is advantageous to the employer; it generally means that the employer does not provide benefits or social security in addition to the wage earned, and it is a method of calculating wages that is self-enforcing and requires much less supervision. Yet, though the most efficient women sometimes benefit, this mode of calculation of wages may be unfavourable to women in the heavier tasks, where the pay is calculated on the basis of male productivity standards. In addition, it encourages workers, especially women, to have their children work with them as "helpers", in order to perform the task faster. The result is that about 70 per cent of child labour in the world is in agriculture, representing approximately 132 million girls and boys aged 5-14 (A/HRC/13/33, para. 10).
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Women’s right and the right to food 2013, para. 17
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- Another successful example is the female school stipend programme introduced by the Government of Punjab, Pakistan, in 2004, as part of the broader Punjab Education Sector Reform Programme (PESRP), inaugurated in 2003. In targeted districts defined by their low literacy rate, the female school stipend programme provides girls a stipend (an amount slightly higher than the average cost of schooling), conditional on class attendance. An early study of the impacts of this stipend found a modest but statistically significant impact on girls' attendance of schools.
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Women’s right and the right to food 2013, para. 23
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- Most social transfer programmes are in the form of cash transfer programmes which can be conditional or unconditional. Unconditional cash transfer programmes correspond better to the idea that social protection is a human right that should benefit all those in need of income support. They reduce the risks of under-inclusion and may be easier to administer where the administrative capacity is weak. A comparison across three Latin American countries concluded that verifying compliance with conditionalities represented 18 per cent of the administrative costs of the programme, and 2 per cent of the total costs.
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Women’s right and the right to food 2013, para. 19
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- School-feeding programmes can also have important multiplier effects on the local economy. The above-mentioned study of the mid-day meals programme in India was found to create employment opportunities for poor women: in the sampled schools, more than two thirds of the cooks were women, often from underprivileged backgrounds. Ideally, under these programmes, priority should be given to disadvantaged persons when hiring, and living wages should be paid to the women employed through them. The local procurement of foods, and local processing, provides market opportunities for local food producers and service providers. In this regard, the Right to Food Guidelines recommends that States "consider the benefits of local procurement for food assistance that could integrate the nutritional needs of those affected by food insecurity and the commercial interests of local producers". In Brazil, Act No. 11,947 of 16 June 2009 requires that the national school feeding programme (PNAE), benefiting 49 million children, source 30 per cent of its food from family farms. Linkages with public works programmes could also be encouraged, in which poor, unemployed women could be paid to cook meals in schools.
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Women’s right and the right to food 2013, para. 24
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- However, partly because of concerns with the fiscal sustainability of unconditional cash transfer programs, and partly in order to encourage poor families to invest more in their children and thus reduce the inter-generational transmission of poverty, conditional cash transfers (CCTs) have been expanding in recent years. Such CCTs generally target certain poor regions and, within those regions, poor households. They generally provide cash or sometimes nutritional supplements, usually to the mother or primary caregiver, provided certain conditions are met. These conditions relate most often to children's school enrolment and attendance level, and attendance at pre- and postnatal health-care appointments to ensure that children receive appropriate vaccinations and to check their growth. In previous mission reports, the Special Rapporteur discussed the well-known CCTs that have been launched in Mexico (Progresa/Oportunidades) and in Brazil (Bolsa Familia) (A/HRC/13/33/Add.6 and A/HRC/19/59/Add.2). An early example is Bangladesh's Female Secondary School Assistance Project (FSSAP) launched in 1993 (see para. 16 above), which was complemented, in July 2002, by the Primary Education Stipend Project (PESP). The PESP aimed to increase the educational participation (enrolment, continued attendance and educational performance) of primary school children from poor families throughout Bangladesh (initially estimated at more than 5 million pupils) by providing cash payments to targeted households. Despite significant targeting problems during its initial phase, the programme is credited for improving educational attainments.
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Assessing a decade of progress on the right to food 2013, para. 54
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- In Haiti, a national platform of civil society organizations was a major driving force behind the adoption in March 2010 of the National Plan for Food Security and Nutrition elaborated by the National Food Security Council. In Nepal, the non governmental organization Pro Public was instrumental in the right to food case brought before the Supreme Court, mentioned in paragraph 18 above. The Bangladesh Rehabilitation Assistance Committee, a well-known non-governmental organization, has also been instrumental in scaling up the anti-hunger social protection network. In the Dominican Republic and Paraguay, civil society organizations are playing an active role in support of the adoption of food and nutrition security laws.
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Women’s right and the right to food 2013, para. 37
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- The recognition that women may have different priorities to those of men leads to fundamental questions about the type of support they should be provided. For instance, titling schemes as a means to increase security of tenure may be considered with scepticism if the schemes are captured by men or elites or if it implies encouraging the development of a market for land rights, when land is more than an economic asset for many rural households, particularly women who depend on land for a non-cash type of production to feed their families. Similarly, if microcredit schemes crowd out other forms of support provided to small-scale food producers, it may result in forcing beneficiaries, women in particular, to move towards production for the market, rather than for self-consumption, something which may not correspond to the priorities of women in specific contexts. Developing agricultural research in ways that are more responsive to women's needs may result in greater attention being paid to the preservation of the resource base on which they rely, not only for agricultural production but also for domestic needs (medicinal plants, fuelwood, wild fruit). It may also result in more attention being paid to the more nutritious food crops, rather than to only staple crops, particularly cereals; and in choices in agricultural research that focus more on the post-harvesting phase - not simply on the prospects of selling the produce in high-value markets, but also on the possibility of preserving food from losses, the nutritional value of the food that is produced for consumption within the household, or the impact a particular variety may have on the time constraints of women.
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Women’s right and the right to food 2013, para. 43
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- Such transformative approach is clearly required under human rights law. The Convention on the Elimination of All Forms of Discrimination against Women affirms that "a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve full equality between men and women" (preamble, 14th para). Accordingly, States Parties shall seek, inter alia, to "modify the social and cultural patterns of conduct of men and women", and to promote the "recognition of the common responsibility of men and women in the upbringing and development of their children" (art. 5 (a). In reference to this provision, the Committee on the Elimination of Discrimination against Women has urged States to combat patriarchal attitudes and stereotypes regarding the roles and responsibilities of women and men within the family and society at large (women being considered as having the primary responsibility for child-rearing and domestic tasks, and men being considered the main breadwinners) and to reject the concept that assigns the role of "head of the household" to men.
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Women’s right and the right to food 2013, para. 33
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- Women also face discrimination in accessing extension services. First, women are underrepresented among extension services agents. Yet, in some contexts, social or cultural rules may prohibit contacts between a woman farmer and a male agricultural agent, especially when the woman is single, widowed or abandoned. Moreover, male agents may have less understanding for the specific constraints faced by women. Second, extension services tend to presume that any knowledge transmitted to the men will automatically trickle down to the women and so that they benefit equally, and meetings may be organized without taking into account the specific time and mobility constraints of women. This reinforces the pre-existing imbalances in decision-making within the household and neglects the fact that the needs of women may be different from those of men.
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Women’s right and the right to food 2013, para. 27c
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- The assets created by the programme could serve to ease the situation of rural women in the areas concerned, consistent with the aim of reducing the burden that they shoulder. For instance, digging boreholes or planting trees can reduce the time women spend fetching water or fuelwood in the community where such work is performed. As illustrated by Ethiopia's cash-for-work Productive Safety Net Programme, public works programmes could serve to support agricultural work on the private land of female-headed households which generally suffer from chronic labour shortage. Public works could serve to improve physical infrastructure in rural areas and establish food-processing technologies, in order to reduce the drudgery of cooking and laundry. Public works programmes also could include health extension work, adult literacy or HIV/AIDS prevention, all of which could be immediately attractive for women.
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Vision of the mandate 2014, para. 31
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- Article 14 of the Convention on the All Forms of Elimination of Discrimination against Women should be used as a guiding tool by States. In the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, endorsed by the Committee on World Food Security in May 2012, it is noted that gender equality is at the core of all reform efforts. The Voluntary Tenure Guidelines also contain special provisions for improving gender equality in both formal and customary systems, for instance through amending discriminatory inheritance and property laws. The Special Rapporteur will review State policies with reference to the Guidelines, highlighting examples of good practices that encourage access to land for women and other vulnerable groups.
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Women’s right and the right to food 2013, para. 40
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- A first requirement is breaking the cycle of discrimination against women. This does not mean simply removing discriminatory provisions in the law, particularly as regards access to land or other productive resources, but it also requires that the structural causes of de facto discrimination be addressed. In particular, measures should be taken to relieve women of the burden imposed on them by the duties they assume in the "care" economy, and to improve their economic opportunities by better access to education and employment. Older women are particularly at risk of food insecurity as the cumulative effect of discrimination in accessing employment tends to leave older women with disproportionately lower (or no) incomes and pensions in later life; yet older women are expected to take care of other, more dependent members of the household.
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- Older persons
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Women’s right and the right to food 2013, para. 45
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- For this reason also, interventions aimed at improving the situation of women should be empowering. Social protection programmes should define the beneficiaries as rights-holders who can make claims against the administrations in charge of delivery, and beneficiaries should be informed of their rights and access to claims mechanisms should eb ensured. In addition to ensuring decentralized monitoring of the implementation of social programmes and providing a safeguard against corruption or discrimination, this will contribute to empowering beneficiaries, in particular women, who are generally treated as passive recipients of programmes that are intended to help them without including them as active participants.
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Vision of the mandate 2014, para. 5
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- Since the establishment of the mandate in 2000, a number of important issues have been addressed by the Special Rapporteur's predecessors, including the impact of trade agreements, agroecology and alternative farming methods as a means of maintaining access to land. Legal, policy and institutional frameworks related to the right to food have also been analysed, with examples of best practice providing the basis of many of the recommendations made to States in relation to their obligation to protect the right to an adequate diet. The right of vulnerable groups to access adequate food has also been addressed by previous mandate holders, as has the impact of agriculture on climate change.
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- Environment
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Vision of the mandate 2014, para. 11
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- While there has been considerable legislative and judicial progress in many countries throughout the world since the adoption of the Voluntary Guidelines a decade ago, many challenges remain. In order to ensure the progressive realization of the right to food at the domestic level, it is imperative that constitutional principles and framework laws are established as a means of providing an appropriate institutional structure. The adoption of sectoral legislation will ensure that States adequately address various sectors that impact significantly on levels of food security.
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Vision of the mandate 2014, para. 17
- Paragraph text
- The Special Rapporteur will examine the impact of climate change and environmental degradation as a growing source of food shortages and food insecurity, particularly in countries that are faced with imminent risks due to economic, geographic and climatic conditions. In this context, she will also address the need to review international food systems, as a means of improving sustainable consumption and reducing food waste. In so doing, the Special Rapporteur will engage with the specific policy recommendations of the post-2015 sustainable development goals concerning the eradication of poverty and hunger, food security and the empowerment of women. The adoption of those goals is currently being negotiated by the United Nations, civil society and the relevant organizations with respect to their precise language.
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Vision of the mandate 2014, para. 23
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- 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 survival 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. 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.
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Vision of the mandate 2014, para. 29
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- As farm labourers, vendors and unpaid care workers, women are responsible for food preparation and production in many countries and regions throughout the world and play a vital role in food security and nutrition. However, women and girls continue to be disproportionately affected by poverty and malnutrition. Women in rural areas are particularly affected, as female-headed households continue to grow, exceeding 30 per cent in some developing countries, with women owning only 2 per cent of agricultural land and with limited access to productive resources. In many low-income countries, women are the backbone of the rural economy and 79 per cent of economically active women in the least developed countries consider agriculture as their primary source of income. Agrarian land reform legislation often discriminates against women by entitling only men over a certain age to land ownership while women's entitlement only applies in cases where they are household heads. Such discriminatory practices prevent women in many countries from asserting their economic independence and being able to feed themselves and their families.
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Vision of the mandate 2014, para. 34
- Paragraph text
- The fact that women are also considered as the primary caregivers, in both rural and urban settings, adds an extra dimension to their responsibilities within the household. While rural women often shoulder the burden of a heavy workload in addition to their care duties, urban poor woman face different challenges relating to assuring adequate food and nutrition for their family. For a range of economic reasons, poor urban women are increasingly relying on less nutritious processed foods. The Special Rapporteur intends to work with relevant stakeholders to address concerns related to the food issues facing different countries as a result of a dietary transition from traditional diets to processed foods high in fat and sugar, including the concerns addressed by her predecessor (see A/HRC/19/59).
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Vision of the mandate 2014, para. 38
- Paragraph text
- Although issues of undernutrition are often framed in terms of disability prevention, good nutrition is also vital for those who already live with a disability. Infants and children with disabilities suffer the same ill-effects of undernutrition as those without: poorer health outcomes; missing or delayed developmental milestones; avoidable secondary impairments; and, in extreme circumstances, premature death. The exclusion of children and adults with disabilities from nutritional outreach efforts on the basis of the incorrect belief that preserving the life of a child or adult with a disability is of lower priority than preserving the life of someone who is not disabled must be addressed by tackling such discriminatory social and cultural norms which advocate this.
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Párrafo
Vision of the mandate 2014, para. 44
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- The most recent report by the Intergovernmental Panel on Climate Change16 suggests that climate change will "more likely than not" depress crop yields by more than 5 per cent by 2050. In addition, there is increased certainty about the effects of climate volatility on agricultural production and practices, with climate change shocks principally affecting smallholder agriculture, where the absence of crop insurance translates into adversity to risk. The report further acknowledges that climate change will have significant impacts on non-farm rural livelihoods, as well as tending to increase the risk of violent conflict when the availability of food and water is threatened. FAO has noted that climate change affects the four dimensions of food security: availability, accessibility, utilization and food system stability. It will have an impact on human health, livelihood assets, food production and distribution channels, as well as influencing purchasing power and market flows.
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The transformative potential of the right to food 2014, para. 32
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- This is the interdependence of reforms. While the rebuilding of local food systems in developing countries is vital to expand opportunities to small-scale food producers and, at the same time, to improve access to fresh and nutritious food for all, it depends fundamentally on the reform of food systems in rich countries. Such reform faces significant obstacles, however. The various elements of the food systems have co-evolved over the years, shaped by the productivist paradigm that has dominated the design of food and agricultural policies for decades. The farming sector has become highly dependent on agricultural subsidies that have favoured the production of commodities for the livestock or food processing industry - corn, soybean and wheat, in particular - rather than food, and it has come to rely on cheap fuel for its highly mechanized and input-intensive mode of production, replacing farmers' knowledge. Even without taking into account the subsidies for the consumption of fossil fuels by agricultural producers, countries of the Organization for Economic Cooperation and Development subsidized their farming sector to the amount of $259 billion in 2012. This has encouraged the expansion of the food processing industry, thanks to the availability of cheap inputs and the deployment of infrastructure - in the form of silos and processing plants - that has been shaped by and for agro-industry. Large agribusiness corporations have come to dominate increasingly globalized markets thanks to their ability to achieve economies of scale and because of various network effects. In the process, smaller-sized food producers have been marginalized because, although they can be highly productive per hectare of land and highly resource-efficient if provided with adequate support, they are less competitive under prevalent market conditions. The dominant position of the larger agribusiness corporations is such that these actors have acquired, in effect, a veto power in the political system. Finally, the habits of consumers themselves have changed: in high-income countries, the consumption of highly processed, high-energy (though nutrient-poor) foods has increased year on year, becoming an accepted, unquestioned part of modern life.
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Vision of the mandate 2014, para. 63
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- Non-discriminatory access to the resources required for sustainable food production, such as agricultural land, water, seeds, fertilizers and technical knowledge, must also be guaranteed. Support for small-scale family farmers and food producers should be paramount in the adoption of future policies related to food security and food sovereignty. Policy prescriptions that typically call for the expansion of industrial-scale agricultural development and ignore the real threats to global food supply (such as biofuel expansion, inadequate investment in climate-resilient agriculture, lagging support for small-scale farmers and women food producers and the massive loss of food to spoilage and waste) must be reconsidered. It is imperative that a human rights-based approach to food security is adopted in order to eliminate hunger and provide access to healthy, nutritious and affordable food for all. In that regard, the Special Rapporteur proposes to adopt a qualitative rather than quantitative approach to the right to food during her mandate, in response to the current challenges facing all States in developing national food policies.
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Vision of the mandate 2014, para. 54
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- The world is currently blighted by a plethora of humanitarian crises and armed conflicts, which are having a devastating impact on the lives of millions of people around the globe. While 19 per cent of the poorest people in the world now live in fragile and conflict-affected places, it is estimated that this will increase to 40 per cent by 2030 if current trends continue. The international community must take greater responsibility for emergency food crises derived from natural or human-made disasters, global economic crises, climate change, or as a result of armed conflict.
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Vision of the mandate 2014, para. 59
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- The proposed sustainable development goals should adopt a rights-based approach and include mechanisms for establishing a transparent participatory process in decision-making, involving people directly affected by hunger, extreme poverty and injustice. Vulnerable groups, in particular, must be afforded the same rights as others in that process. Efforts must also be made to ensure that accountability mechanisms are in place to allow victims and organizations representing them to hold Governments to account for failure to comply with their international responsibilities in relation to the right to food. Women's equal access to land and resources should also be included, along with specific targets to ensure asset redistribution among different social groups in relation to the use of land, the oceans, credit, technology and intellectual and cultural property.
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The transformative potential of the right to food 2014, para. 3
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- Most stakeholders agree, in general terms, on the urgent need for reform. Measured against the requirement that they should contribute to the realization of the right to food, the food systems we have inherited from the twentieth century have failed. Of course, significant progress has been achieved in boosting agricultural production over the past fifty years. But this has hardly reduced the number of hungry people, and the nutritional outcomes remain poor. Using a new method for calculating undernourishment that began with the 2012 edition of the State of Food Insecurity in the World report, United Nations agencies estimate hunger in its most extreme form to have decreased globally from over 1 billion in 1990-1992, representing 18.9 per cent of the world's population, to 842 million in 2011-2013, or 12 per cent of the population. However, these figures do not capture short-term undernourishment, because of their focus on year-long averages; they neglect inequalities in intra-household distribution of food; and the calculations are based on a low threshold of daily energy requirements that assume a sedentary lifestyle, whereas many of the poor perform physically demanding activities.
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Vision of the mandate 2014, para. 41
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- A right-to-food approach requires that States fulfil their obligation to ensure that safe, nutritionally adequate and culturally acceptable food is available; they must also respect and protect consumers and promote good nutrition for all. The Voluntary Guidelines, in particular Guidelines 9, on food safety and consumer protection, and 10, on nutrition, can guide States in the establishment and maintenance of effective food and nutrition policies, thereby increasing the protection of the most vulnerable from unsafe food and inadequate diets, while helping to combat overweight and obesity. The Convention on the Rights of the Child indicates that access to adequate nutrition, including family support for optimal feeding practices, is a right that should be supported for every child. The Special Rapporteur believes that increased focus must be placed on mother and child nutrition as the core of a healthy start in life, with the correlation between infant and young child feeding and food security being treated as a priority in all global food and nutrition security programmes and with formal recognition at the international and national level, including in legal frameworks.
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Vision of the mandate 2014, para. 47
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- The principle of "common but differentiated responsibilities", as specified in article 3 of the United Nations Framework Convention on Climate Change, is one of the innovative principles of international law that allows countries to participate in the responsibilities set out in the Convention to different degrees, depending on their developmental level. That principle should be used to inform future negotiations, especially in relation to countries facing severe threats to food security, while not directly responsible for climate change themselves.
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Vision of the mandate 2014, para. 49
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- International human rights law complements the Convention on Climate Change by emphasizing that international cooperation is a human rights obligation and that its central objective is safeguarding those rights. The Committee on Economic, Social and Cultural Rights notes that the right to adequate food requires the adoption of appropriate economic, environmental and social policies, and that the right to health extends to its underlying determinants, including a healthy environment. Similarly, the OHCHR report on climate change and human rights mentioned above focuses on the direct relationship between the right to adequate food and climate change (paras. 25-30). Previous reports of the mandate holders have documented how extreme climate events are increasingly threatening livelihoods and food security (see, for example, A/HRC/7/5).
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Vision of the mandate 2014, para. 55
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- International humanitarian law, which, inter alia, is designed to ensure that civilians and prisoners of war have adequate food and water during armed conflicts, also outlines preventive measures by prohibiting the deliberate starvation of civilians as a method of warfare in situations of both international and internal armed conflict. That prohibition is violated not only when access to food is denied, resulting in death, but also when the population goes hungry as a result of deprivation of food sources or supplies. In accordance with international criminal law, violations of such protection constitute war crimes. Deliberate starvation, whether during times of war or peace, may also constitute genocide or a crime against humanity. Implementation is always controversial in those situations, especially if the combat zone is limited to the territory of a single State. It should be noted that the right to food continues to be protected by international human rights law during times of armed conflict.
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Vision of the mandate 2014, para. 60
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- The Global Strategic Framework for Food Security and Nutrition of the Committee on World Food Security must also be used as a key reference tool for the implementation of effective models of governance concerning food, agriculture and nutrition for States, intergovernmental actors and the corporate private sector. Although it is not a legally binding document, it constitutes a commitment for countries to adopt its principles, options and policy base, as suited to their local needs and circumstances. The document includes provision for the rights of women and children in relation to food security and recognizes the central role played by smallholder farmers, agricultural workers, artisanal fisher folk, pastoralists and indigenous peoples. The primacy of food security and nutrition as a basic human right is the primary responsibility of the State and should be given priority over any other government policy.
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The transformative potential of the right to food 2014, para. 42
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- The gradual substitution of policies focused on low prices of foodstuffs by rights-based social protection, as a means of ensuring access to adequate food for the poorest groups of the population, again illustrates the importance of a careful sequencing of reforms. Today, 75 to 80 per cent of the world population still does not have access to social security to shield them from the effects of unemployment, illness or disability - not to mention crop failure or soaring food costs. There is now an international consensus in favour of making the full realization of the right to social security a priority. On 12 June 2012, the International Labour Conference adopted Recommendation No. 202 concerning national floors for social protection, with 453 votes in favour and 1 abstention. The G-20 has subsequently acknowledged the importance of this objective. In the long run, the establishment of robust social protection schemes in line with this recommendation should protect not only poor households but also vulnerable households against the risk of falling into poverty. Thus, governments would shift away from their exclusive focus on maintaining low prices of food items, a focus that has often come at the expense of food producers, particularly the least competitive among them. Cash transfers to poor families, such as the Oportunidades programme in Mexico (A/HRC/19/59/Add.2, paras. 21-27), the Bolsa Família in Brazil (A/HRC/13/33/Add.6, para. 33) or the Child Support Grant in South Africa (A/HRC/19/59/Add.3, para. 39), have shown their effectiveness in reducing child poverty, and hunger. As long as gaps remain in social protection, however, food price inflation will continue to be a serious threat to the right to food of low-income households. Thus, while low food prices may not be a long-term solution - both because of the fiscal cost of subsidies to farmers and because a policy focused on keeping prices low may ultimately harm the least competitive food producers - they remain, in the short term, vital. Social protection schemes should be strengthened in all countries, and the social protection agenda and the agricultural agenda should be better aligned with each other, to gradually succeed in making the transition.
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Vision of the mandate 2014, para. 36
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- The first five years of life are the most important period of human development, with the first 1,000 days requiring special attention. Ensuring that a child receives adequate nutrition during that window of 1,000 days can have a profound impact on his or her ability to grow. It can also shape the long-term health, stability and prosperity of a society. Stunting, caused by chronic undernutrition early in a child's life, affects some 165 million children around the world. It was estimated that in 2011 more than one in every four children under five years of age in the developing world was stunted. Sub-Saharan Africa and South Asia are the two regions where stunting continues to be highly prevalent, with low-income countries experiencing the highest levels. Undernutrition magnifies the effects of every disease, including measles and malaria, while malnutrition can also be caused by certain illnesses which reduce the ability of the body to convert food into usable nutrients.
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Vision of the mandate 2014, para. 43
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- Climate change is already having a significant impact on approximately 1 billion of the world's poor. In achieving the target set out in Millennium Development Goal 1, poverty rates have been halved, with 700 million fewer people living in extreme poverty in 2010 than in 1990. In the Human Development Report 2013, however, the United Nations Development Programme warns that if environmental degradation continues at the current rate, the gains in poverty reduction will be reversed, plunging over 3 billion people into extreme poverty and hunger. Without the implementation of serious measures to combat climate change, the number of people at risk of hunger is projected to increase by 10-20 per cent by 2050.
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The transformative potential of the right to food 2014, para. 14
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- Given the threats that food systems face, particularly those linked to climate change and soil degradation, and given the potential of productivity improvements to raise the incomes of small-scale food producers, investments in raising productivity are needed. However, a narrow focus on improved productivity risks ignoring the wide range of other variables that foresight exercises should take into account. Moreover, the deeper debate concerns not whether productivity should be raised, but how to achieve this. Increasing yields alone will not do. Any prescription to increase yields that ignores the need to transition to sustainable production and consumption, and to reduce rural poverty, will not only be incomplete; it may also have damaging impacts, worsening the ecological crisis and widening the gap between different categories of food producers.
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The transformative potential of the right to food 2014, para. 21
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- These inefficiencies result in food production exerting a much higher pressure on natural resources than would otherwise occur. Various measures could be taken in response. They include improving storage and marketing facilities, especially in developing countries; helping farmers to organize themselves in ways that avoid systematic net overproduction, for example by compensating the losses of some with the surplus production of others; improving access to credit for farmers to reduce the need for premature harvesting in order to satisfy food needs or to obtain cash; avoiding reliance on high "appearance quality standards" which lead to fresh produce being rejected if it does not present the required qualities of shape, size or colour; and developing direct farmer-to-consumer marketing.
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The transformative potential of the right to food 2014, para. 30
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- Secondly, just as multiple food systems must be combined to improve resilience through enhanced diversity, different forms of farming can coexist, each fulfilling a different function. The example of Brazil suggests that family farms can be supported even in the vicinity of highly competitive, large-scale agricultural producers and that such coexistence can be viable, provided the government is aware of the different functions that different agricultural models serve to fulfil, and adopts a balanced approach towards them (A/HRC/13/33/Add.6, paras. 43 and 44). In many countries, however, this coexistence has failed, and the balance has shifted almost entirely in favour of the large-scale export-led agricultural sector. The lesson that emerges is that the transition to agrifood policies that support the realization of the right to food requires major political efforts to restructure support around agroecological, labour-intensive, poverty-reducing forms of agriculture.
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The transformative potential of the right to food 2014, para. 37
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- A wide range of social innovations have emerged in recent years to support the rebuilding of local food systems, primarily by reconnecting urban consumers with local food producers. In Canada, the Special Rapporteur learned about a number of initiatives that seek to support relocalized food systems (A/HRC/22/50/Add.1, paras. 17 and 26-32). In Montreal, for instance, urban agriculture initiatives include a community gardening programme managed by the City, and collective gardens managed by community organizations, with impacts that go beyond improved food security and nutrition, contributing also to educational and empowerment goals. In November 2013, the province of Ontario adopted a Local Food Act (Bill 36), establishing a local food fund and aiming to increase awareness of, access to and demand for local food in the province, as well as supporting local food procurement in public sector institutions (schools, municipalities, hospitals and cafeterias). Meanwhile, Toronto's food strategy includes the Toronto Agricultural Program in support of urban agriculture, and support to a Mobile Good Food Market initiative serving low-income communities. In South Africa, the Special Rapporteur noted with interest the City of Durban/eThekwini Municipality's Agroecology Delivery Programme (A/HRC/19/59/Add.3, paras. 48 and 49). In Brazil, he was impressed by the achievements of the Zero Hunger strategy launched in 2003 (A/HRC/13/33/Add.6, para. 33). Following the example of Belo Horizonte a decade earlier, this strategy includes a range of programmes that are territory-based and seek to support the ability of "family farmers" to feed the cities: among the innovations are the institutional recognition of family farming and the establishment of a ministry specifically dedicated to meeting their needs (the Ministry for Agrarian Development), a low-income restaurant programme, food banks, community kitchens, cisterns, and the improvement of facilities for the storage of food in rural areas, as well as encouragement of the "social solidarity" economy. Zero Hunger was further strengthened in 2008 with the introduction of the Territories of Citizenship programme, focused on least developed rural territories and including a strong social participation component. Mexico is also stepping up its efforts with the National Crusade against Hunger, which includes a strongly participatory dimension, as the Special Rapporteur could witness first-hand during a visit to the country on 14 and 15 November 2013.
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Vision of the mandate 2014, para. 50
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- While it is beyond the scope of the present preliminary report to enter into the current debate on climate change policy, the Special Rapporteur wishes to note that she will focus on the adverse effects of climate change on the effective enjoyment of human rights (and particularly the right to food) as a cross-cutting theme in her mandate, consistent with Human Rights Council resolution 26/27 on human rights and climate change. In particular, the Special Rapporteur will focus on the impact of climate change on the right to food as it affects the most vulnerable groups in society and will analyse the gender dimensions of food security and nutrition in the context of climate change.
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The transformative potential of the right to food 2014, para. 44
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- The progressive realization of the right to food also requires improving global governance. Since its reform in 2009, the Committee on World Food Security (CFS) has been making a major contribution to the global food security agenda. The Special Rapporteur actively participated in this process as a member of the "Friends of the Chair" during the reform phase, and later as a member of the CFS Advisory Group. Perhaps the most immediate success of CFS is the fact that it brings together such a wide variety of stakeholders - governments, of course, but also civil society, international agencies and the private sector - who each provide a different framing of the challenges that the food systems face, thus stimulating a process of collective learning across different constituencies.
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The transformative potential of the right to food 2014, para. 48
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- Indeed, it is now time to move from generous intentions to action. The eradication of hunger and extreme poverty is now placed at the top of the political agenda, and through the new sustainable development goals, monitoring will be strengthened at a global level. Grounding these efforts explicitly in the right to food will encourage all the actors involved in the implementation of these goals to acknowledge their duties towards those who are marginalized economically and politically disempowered, and to address the political economy of food systems - in other terms, the question of who decides, on the basis of what information, and under which accountability mechanisms.
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Impact of climate change on the right to food 2015, para. 14
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- Sharp price increases for all major crops can be expected as a result of climate change accompanied by population growth, changing diets and increasing demand for non-food crops. Although it is difficult to predict food prices because of the many variables, the Intergovernmental Panel on Climate Change expects with medium confidence that global food prices will rise substantially by 2050. The Intergovernmental Panel predicts that low-income agricultural economies that are net food importers could experience significant losses in food access through a "double negative" effect of reduced domestic agricultural production and increased food prices on global markets. Furthermore, sudden shocks in prices and currency values, as well as extreme weather events, can also create obstacles to food distribution, making it difficult to deploy adequate responses to an increasingly frequent number of emergencies.
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Impact of climate change on the right to food 2015, para. 31
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- Ensuring sustainable livelihoods is a crucial aspect of food security and one that is also threatened by climate change. FAO notes the dual role played by agricultural production in relation to food security: it not only produces the food that people eat, but also provides the primary source of employment for 36 per cent of the world's workforce. In some regions, including Asia and the Pacific, 40-50 per cent of the workforce is engaged in agriculture; in sub-Saharan Africa; two thirds of the working population is employed in agricultural labour. Thus, if agricultural production is adversely affected by climate change, so too are the livelihoods of significant numbers of rural workers.
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Impact of climate change on the right to food 2015, para. 64
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- Other examples of reallocation of resources for the benefit of clean energy at the expense of food security are cleaning coal and constructing dams for the generation of hydroelectric power. Cleaning coal requires large amounts of water that could otherwise be used for irrigating arable land, while the construction of dams for hydroelectricity may affect water supply for agricultural activities downstream and also flood land that could otherwise be used for food production. Indeed, any mitigation and adaptation policies that affect water resources must carefully consider competing water uses and the various implications for food security. Measures that mitigate one type of adverse impact could exacerbate another.
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Impact of climate change on the right to food 2015, para. 71
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- The United Nations Framework Convention on Climate Change requires wealthier nations to provide "new and additional financial resources" (art. 4 (3)) to poorer counties to allow them to manage climate change, but the provision has not had a meaningful impact. Article 11 of the Convention establishes a financial mechanism to provide funds to parties for the effective implementation of the Convention. Three funds have been established: the Special Climate Change Fund, the Least Developed Countries Fund and the Adaptation Fund. However, these mechanisms have failed to secure adequate funding as they are based largely on voluntary pledges and contributions from States parties. There is also a lack of public participation in terms of the allocation of funds. Various funding options have been proposed, including levies on aviation and shipping, carbon taxes, a tax on the carbon market and a financial transactions tax, but none has yet gained significant support.
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The transformative potential of the right to food 2014, para. 45
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- CFS allows for an iterative process to take place, to gradually arrive at recommendations based on a consensus across various groups of stakeholders. These recommendations are collected in the Global Strategic Framework for Food Security and Nutrition, a first version of which was endorsed in October 2012. The Framework is a rolling document, conceived to improve coordination and guide synchronized action by a wide range of stakeholders in support of global, regional and country-led actions for the realization of the right to food. It is also a learning tool, as it will be revised in the light of both successes and failures in the implementation of the recommendations, so that policies are gradually improved and the range of options available to States is enlarged.
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Párrafo
Impact of climate change on the right to food 2015, para. 11
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- Increases in sea temperatures and the acidification of oceans owing to rising levels of concentration of carbon dioxide in the atmosphere are also expected to have major effects on the fisheries sector (A/67/268). Warming oceans can lead to increased and more severe outbreaks of algal blooms, which can have a devastating impact on fish populations. Calcifying organisms are also threatened, which in turn reduces dependent fish populations. A consensus exists that climate change will have a negative impact on fisheries' production, especially in developing countries in tropical areas.
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- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Food & Nutrition
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- N.A.
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- 2015
Párrafo
Impact of climate change on the right to food 2015, para. 30
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- Developing countries are likely to be the hardest hit by climate change not only because of their geographical location but also because of the way people earn their livelihoods. The majority of people living in poverty in developing countries dwell in rural areas and many of them depend on agricultural activities to provide food for their families and generate income. Both aspects have implications for non farm rural households, either through the availability of food, which can cause fluctuations in local prices, or as an indirect source of employment.
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- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
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- Special Procedures' report
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- Environment
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The transformative potential of the right to food 2014, para. 13
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- Many view productivity improvements in agriculture as key to addressing hunger and malnutrition. This approach is still as influential today as it was in the 1960s, in part because of increasing demand for agricultural production (for both food and non-food uses) and the anticipated further increases as a result of population growth, higher incomes, and shifting diets linked to urbanization. Thus, FAO estimated in 2009 that a 70 per cent increase in global agricultural production was required by 2050 in comparison to the levels of 2005-2007, taking into account an annual average growth in gross domestic product (GDP) of 2.4 per cent between 2030 and 2050 and assuming that about 290 million people would still be undernourished by 2050. This estimate was widely cited to justify investments in technology-based solutions to respond to a challenge presented as a primarily quantitative one.
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- Special Rapporteur on the right to food
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- 2014
Párrafo
The transformative potential of the right to food 2014, para. 20
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- A third priority is to take significant measures to improve the efficiency of food systems, by reducing losses and waste. A 2011 study estimates that 1.3 billion tons of food produced for human consumption - about one third of the total - is lost or wasted. In low-income countries, losses occur primarily as a result of inadequate storage and packaging and processing facilities, and a poor connection of farmers to markets, resulting in economic losses for food producers. In contrast, the levels of per capita food waste are much higher in rich countries than in developing countries: while a consumer in sub-Saharan Africa or South and South-East Asia wastes from 6 to 11 kg per year, this amount is between 95 and 115 kg per year in Europe and North America.
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- Non-negotiated soft law
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- Special Rapporteur on the right to food
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- 2014
Párrafo
Impact of climate change on the right to food 2015, para. 7
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- Availability relates to the presence of sufficient food from natural resources or for sale on the market to meet the needs of the population. With rising temperatures and increased frequency of extreme weather events, the negative impact of climate change on crop, livestock, fisheries and aquaculture productivity on food availability will have significant global reach. Although tolerance of different crops to changes in temperature and water availability may vary considerably, climate change is expected to have mostly negative implications for crop yields and will "more likely than not" depress them by more than 5 per cent beyond 2050.
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- Special Rapporteur on the right to food
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Impact of climate change on the right to food 2015, para. 82
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- Climate change poses unique and distinct threats to all aspects of food security, including availability, accessibility, adequacy and sustainability. Moreover, these threats are poised to affect a huge number of people, with 600 million additional people potentially vulnerable to malnutrition by 2080. Manifestations of climate change, such as an increase in the frequency and intensity of extreme weather, global warming, a rise in sea levels and a decrease in the availability of water, have significant impacts on food security. As a result, crop failures and adverse impacts on livestock, fisheries and aquaculture will have an overall negative effect on people's livelihoods, with climate-induced food price volatility, nutritional deficiencies and diminishing quality of land and soil suitable for agricultural production a daunting reality. The consequences of failing to enact appropriate policies will pose a threat to global peace and security. As we are all living ever more interconnected lives, climate change should not be considered as affecting only those living in remote places.
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- Special Rapporteur on the right to food
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Párrafo
Impact of climate change on the right to food 2015, para. 10
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- Acceleration in glacial melt is also expected to raise sea levels by up to 2 m by 2100, affecting food availability in the coastal areas and river deltas that are home to 60 per cent of the world's population. Inundation of coastal agricultural lands, especially where there is little capacity to build sea defences, will lead to increased groundwater salinization, thereby affecting the quantity and quality of water available for agricultural production. As a result, significant climate-induced migration is expected to force people to move inland and to more food-secure places.
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- Special Rapporteur on the right to food
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- Environment
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Impact of climate change on the right to food 2015, para. 8
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- Water scarcity and more frequent droughts are also expected in arid regions. If urgent additional climate change mitigation efforts are not initiated, heavy rainfall and resulting flooding could destroy entire crops as well as food stores and may affect agricultural land due to sedimentation. More frequent and intense extreme weather events will also complicate the logistics of food distribution during emergencies. In the short term, climate change is set to increase natural hazards, with more significant risks leading to environmental degradation over time.
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- Organismo
- Special Rapporteur on the right to food
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Impact of climate change on the right to food 2015, para. 37
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- The empowerment of women by way of education, secure property rights and technology is paramount to tackling climate change and at the same time eliminating hunger and poverty by using the knowledge and experience of local women. At the national and local levels, rights-based practices can contribute to climate justice. For example, women in Maradi, Niger, traditionally lacked access to rights, making them particularly vulnerable to food crises caused by recurrent droughts. Rights-based approaches have been used at the community level to improve women's access to and control over land as well as their access to information and credit. Enabling women to adapt their agricultural practices improves household nutrition and generates income. Helping women and other vulnerable groups to claim their rights is therefore essential to climate justice. Similarly, the Consultative Group for International Agricultural Research, in Behar, India, organized a series of training programmes to promote women's empowerment and leadership to fill the knowledge gap in climate change.
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- Special Rapporteur on the right to food
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- Environment
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Párrafo
Impact of climate change on the right to food 2015, para. 48
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- The United Nations Framework Convention requires States to adopt national and regional programmes and policies to mitigate and adapt to climate change (art. 4 (1) (b)) and calls on them to take precautionary measures to anticipate, prevent or minimize its causes (art. 3 (3)). It recognizes that climate change is fundamentally an intergenerational problem and refers to the protection of future generations (art. 3 (1)). Articles 3 and 4 recognize the specific needs of developing countries, especially those that are particularly vulnerable to the adverse effects of climate change.
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Párrafo
Impact of climate change on the right to food 2015, para. 53
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- Since 2008, the Human Rights Council has regularly highlighted the negative implications of climate change on human rights. Furthermore, at the request of the Council, the Office of the United Nations High Commissioner for Human Rights (OHCHR) presented a report in 2009 that addressed the adverse effects of climate change on specific rights, including the direct relationship between the right to adequate food and climate change (A/HRC/10/61, paras. 25-27). The Council reiterated the negative impact of climate change on the right to food in subsequent resolutions adopted in 2009, 2011, 2014 and, most recently, in June 2015.
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Impact of climate change on the right to food 2015, para. 63
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- Biomass energy can be derived from (usually woody) feedstock by means of processes that run the gamut from simple combustion in a cookstove to biochemical conversion. Bioenergy may be able to displace fossil fuels. However, a critical approach is required to combining biomass energy with carbon capture and storage. This technology involves growing crops that absorb carbon dioxide, burning them to produce energy and capturing and storing the carbon that results from the combustion. The main challenges facing the bioenergy industry is avoiding negative impacts on food production or ecosystem services.
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- Special Rapporteur on the right to food
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- 2015
Párrafo
Impact of climate change on the right to food 2015, para. 69
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- While some indigenous and small farmer groups support REDD-plus solutions, others reject these and all other market solutions and urge global organizations to recognize and support the sustainable agriculture of family farmers and indigenous people as a way of maintaining global biodiversity and mitigating greenhouse gas emissions. In fact, some observers contend that, if well supported and scaled up, projects involving peasants and indigenous peoples could reduce current global emissions by 75 per cent by increasing biodiversity, recuperating soil organic matter, replacing industrial meat production with small-scale diversified food production, expanding local markets, halting deforestation and practising integrated forest management.
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- Special Rapporteur on the right to food
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- Special Procedures' report
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- Environment
- Food & Nutrition
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- Ethnic minorities
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- 2015
Párrafo
Impact of climate change on the right to food 2015, para. 40
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- The Intergovernmental Panel on Climate Change has recognized that climate change in polar regions will affect the informal, subsistence-based economy of indigenous peoples, with changing sea ice conditions likely to reduce their ability to hunt the marine mammals that are a significant source of both food and livelihood. Similarly, indigenous peoples living in mountainous areas will suffer a depletion of food sources owing to the loss of alpine flora. Coastal erosion on Pacific islands is threatening agricultural practices while traditional cattle and goat farming is being endangered in arid regions. There is considerable concern that the impacts of climate change may overstrain indigenous and traditional peoples' capacity to cope and adapt (A/HRC/29/19).
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- Organismo
- Special Rapporteur on the right to food
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- Special Procedures' report
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- Environment
- Food & Nutrition
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- Ethnic minorities
- Año
- 2015
Párrafo
Impact of climate change on the right to food 2015, para. 50
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- The impact of climate change on food security was recognized in the United Nations Framework Convention on Climate Change (art. 2), but received little attention until the spike in food prices in 2007. The Intergovernmental Panel on Climate Change for the first time in its assessments included a section on food security in the Fifth Assessment Report. Article 2 of the United Nations Framework Convention states that ecosystems must be allowed sufficient time to adapt naturally to climate change so as to "ensure that food production is not threatened". Several international organizations have also acknowledged the link between food security and climate change. Nevertheless, the inclusion of a rights-based approach to food security has yet to be realized.
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- Special Rapporteur on the right to food
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Párrafo
Impact of climate change on the right to food 2015, para. 85
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- This approach is wrong and counterproductive and will only serve to exacerbate the problems experienced by the current mode of agriculture. Rather, agriculture and food systems need to be reformed to ensure that they are more responsive to the challenges of climate change and environmental degradation, as evidenced by reduced reliance on fossil fuel-intensive production methods. More importantly, the reform should ensure that the right to adequate food of people is protected through appropriate levels of production as well as equitable access and just distribution.
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- Special Rapporteur on the right to food
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Párrafo
Access to justice and the right to food: the way forward 2015, para. 2
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- 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.
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- Special Rapporteur on the right to food
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- Special Procedures' report
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- Equality & Inclusion
- Food & Nutrition
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- 2015
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Access to justice and the right to food: the way forward 2015, para. 13
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- 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.
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- Special Rapporteur on the right to food
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- Equality & Inclusion
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- 2015
Párrafo
Access to justice and the right to food: the way forward 2015, para. 6
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- 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.
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- Special Rapporteur on the right to food
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- Equality & Inclusion
- Food & Nutrition
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Access to justice and the right to food: the way forward 2015, para. 24
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- 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."
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- Special Rapporteur on the right to food
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- Special Procedures' report
- Temas
- Environment
- Food & Nutrition
- Personas afectadas
- Ethnic minorities
- Año
- 2015
Párrafo
Access to justice and the right to food: the way forward 2015, para. 4
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- 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.
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- Special Rapporteur on the right to food
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Párrafo
Access to justice and the right to food: the way forward 2015, para. 12
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- 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.
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- Special Rapporteur on the right to food
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- Equality & Inclusion
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- 2015
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Access to justice and the right to food: the way forward 2015, para. 19
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- Judicial protection of land as a source of livelihood can be seen in judgments by the Constitutional Court of Colombia. One such significant case involves the community of Las Pavas, whose members occupied unused land in 1997 and began farming activities to feed themselves. Over the years, the community had been repeatedly subjected to various forms of intimidation and harassment, including attacks by paramilitary groups and the destruction of crops and food. A formal eviction order was issued in 2009 at the request of two private companies, who claimed ownership of the land. In 2011, the Colombian Constitutional Court delivered its judgment, finding that the actions leading to the eviction of the families of Las Pavas were unlawful and violated the right to a dignified existence, among other rights.
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- Special Rapporteur on the right to food
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- Special Procedures' report
- Temas
- Environment
- Social & Cultural Rights
- Personas afectadas
- Families
- Año
- 2015
Párrafo
Access to justice and the right to food: the way forward 2015, para. 29
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- 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.
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- Special Rapporteur on the right to food
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- 2015
Párrafo
Access to justice and the right to food: the way forward 2015, para. 18
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- In a 2013 decision, the Constitutional Chamber of the Supreme Court of El Salvador admitted a habeas corpus writ petition against the penitentiary administration in relation to a claimant in detention suffering from diabetes and hypertension. The applicant argued that the failure to provide him with adequate food and an appropriate diet violated his right to health and physical integrity. While the detainee's petition was rejected on the grounds that medical evidence did not support the claim, the case demonstrates the willingness of the court to consider the protection of economic, Social and cultural rights under habeas corpus procedures. The judgment handed down in this case is significant on two counts: firstly, it demonstrates that all human rights are interconnected and indivisible; and, secondly, even though medical evidence was insufficient, the court makes the connection between those suffering from diabetes and their need for adequate and healthy food, which creates an important precedent for future cases.
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- 2015
Párrafo
Access to justice and the right to food: the way forward 2015, para. 26
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- 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.
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Access to justice and the right to food: the way forward 2015, para. 35
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- The role played by judges also has a significant impact on the judicial interpretation of economic, social and cultural rights. In many countries, it is often the case that judges based outside of urban area have little knowledge of human rights law, and are therefore less inclined to consider international standards when making a judgement. The reliance of the judiciary on the State for its legitimacy and the appointment of judges also has considerable influence over the decision-making process, with historical relations between the State and the judiciary often coming into play.
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Párrafo
Access to justice and the right to food: the way forward 2015, para. 31
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- Access to public information in relation to the adoption of new laws or amendments to existing legislation is crucial for ensuring justiciability. States are obliged to ensure that this information is made readily available and easily accessible for everyone without discrimination. Particular effort should be made to disseminate information in a format that is user-appropriate, taking into consideration the individual needs of persons with disabilities, and those with low levels of literacy. Migrants and minority groups should not be prevented from accessing information owing to linguistic barriers, and materials should be adapted accordingly. Logistical and financial barriers should also be addressed by taking into consideration the difficulties faced by those living in remote rural areas and those living in poverty.
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- Special Rapporteur on the right to food
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- Special Procedures' report
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- Equality & Inclusion
- Poverty
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- Persons on the move
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Párrafo
Access to justice and the right to food: the way forward 2015, para. 54
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- If TNC activities are criminally justiciable and reasonable compensation is enforceable, the issue of extraterritoriality may not arise. However, in cases of indirect violations of the right to food, for instance by way of voluntary displacement or not being able to farm because of a lack of access to necessary resources such as water because of privatization, or seeds because of a monopoly by TNCs, human rights adjudication becomes vital. Consequently, such remedies should provide enforceable compensation and restitution. The remedies currently available for individuals whose economic, social and cultural rights are violated are somewhat limited. Considerable improvements in this regard are essential for cases involving violations of the right to food to be protected from violations committed by foreign and national actors.
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- Movement
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Párrafo
Access to justice and the right to food: the way forward 2015, para. 60
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- General comments do not establish legal obligations, but elaborate on the practical implications of those obligations. The treaty bodies, however, have legally binding powers. In February 2013, the Committee of the Rights of the Child adopted general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children's rights to elaborate on the practical implications of those obligations. The Committee also noted that the existing instruments and guidance did not sufficiently address the particular situation and needs of children. The treaty bodies have also contributed to the protection of the rights of groups such as indigenous people and small-scale farmers, whose rights are routinely disregarded by foreign States and private actors based in third countries. Moreover, in recent years a number special procedure mandate holders have sent various communications to States concerning the application of extraterritorial obligations, especially in cases involving allegations of corporate abuse of human rights in host States.
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- Special Rapporteur on the right to food
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- Special Procedures' report
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- Equality & Inclusion
- Food & Nutrition
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- Children
- Ethnic minorities
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- 2015
Párrafo
Right to food and nutrition 2016, para. 31
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- FDI is playing a significant role in the "nutrition transition". The food processing industry is now the largest recipient of FDI, particularly in support of energy-dense, nutrient-poor foods. FDI allows companies to become transnational by purchasing or investing in "foreign affiliates" located in other countries, which then produce food for the domestic markets. This allows the foreign-based company to bypass import tariffs and lowers transportation and production costs. By flooding markets with cheap refined grains, corn sweeteners and vegetable oil, FDI has become a driving force behind rising obesity rates in developing countries.
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- 2016
Párrafo
Access to justice and the right to food: the way forward 2015, para. 56
- Paragraph text
- Developing countries are increasingly subject to dispute procedures brought by private companies. For example, high water prices and poor water quality following the privatization of the water supply in the Bolivian town of Cochabamba, culminated in protests against Aguas de Tunari, a subsidiary of the United States firm Bechtel. The Government succumbed to public pressure and reversed the decision to privatize, which prompted the company to bring the Government before ICSID. The case posed the fundamental question of whether the property rights of the company could trump the rights to food and to access water and sanitation. In the end, civil society pressure led to a settlement and, as a result, Bolivian water laws were amended with the 2009 Constitution guaranteeing the right to access to water.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Food & Nutrition
- Governance & Rule of Law
- Water & Sanitation
- Año
- 2015
Párrafo
Access to justice and the right to food: the way forward 2015, para. 33
- Paragraph text
- Women, in particular, face significant barriers to accessing justice given their subordinate position in many societies, and the lack of information and knowledge about their rights and the ways to claim their protection. Indeed, women in rural areas often are unaware of their legal rights. In many rural areas, sociocultural norms make women fearful of retribution or ostracism if they pursue land claims or seek protection from violence. As a result, women tend to be denied access to justice more often than men, and are also more likely to be denied justice altogether.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Personas afectadas
- Men
- Women
- Año
- 2015
Párrafo
Access to justice and the right to food: the way forward 2015, para. 62
- Paragraph text
- The Guiding Principles are considered the most authoritative statement of the human rights responsibilities of corporations and corresponding State duties adopted at the United Nations level. The Guiding Principles offer a noncommittal voice on extraterritoriality but are rapidly developing and cited in established international standards, such as the revised version of the 2011 OECD Guidelines for Multinational Enterprises and the updated International Finance Corporation Performance Standards; the European Union has also cited the Guiding Principles in its latest Corporate Social Responsibility strategy, and many national governments are recognizing the need to regulate in the area of business and human rights. These rules that place obligations on corporations can develop out of the complex interplay between various States and non-State systems and this multidimensional aspects give them legitimacy.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Right to food and nutrition 2016, para. 62
- Paragraph text
- While nutrition support in the past was often considered charitable action, it is increasingly regarded as a result of a failure to protect an essential human right, attributed largely to a lack of sufficient nutrition governance and accountability. Applying a human rights-based approach to nutrition facilitates the implementation of procedural rights, such as participation, accountability, non-discrimination and transparency. The Second International Conference on Nutrition confirmed that embedding nutrition in a human rights agenda made issues of governance and accountability central to effective implementation.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2016
Párrafo
Right to food and nutrition 2016, para. 61
- Paragraph text
- Several international conferences under United Nations auspices have consolidated international law by recognizing nutrition and health within the context of the human right to food. As early as 1992, the World Declaration on Nutrition of the First International Conference on Nutrition referred to the Universal Declaration of Human Rights and the right to food, with States committing to ensure "sustained nutritional well-being for all people". The Rome Declaration on World Food Security, adopted in 1996, reiterated "the right of everyone to have access to safe and nutritious food, consistent with the right to adequate food and the fundamental right of everyone to be free from hunger". This was reaffirmed at the Second International Conference on Nutrition, in 2014.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2016
Párrafo
Right to food and nutrition 2016, para. 89
- Paragraph text
- Some countries have understood the need for more systemic changes to improve the nutritional quality of food products available on the market. Overall improvements can be achieved through dialogue with the food industry to reformulate food products by setting targets to reduce salt and fats, eliminate trans-fats and make products less energy dense, or put a cap on portion size. Good examples include schemes to collaborate with food suppliers to provide healthier ingredients for public entities serving food, or requirements that a certain percentage of food products be sourced from agroecological farms. Other initiatives focus on improving the accessibility of healthy foods at retail outlets, for example by providing incentives to set up "healthy" food enterprises in deprived neighbourhoods or placing planning restrictions on fast food outlets.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Food & Nutrition
- Health
- Personas afectadas
- All
- Año
- 2016
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 79
- Paragraph text
- The Special Rapporteur is similarly concerned about the so-called "no objection" procedure which allows for the participation of NGOs without consultative status in United Nations high-level events, unless States object to it. However, States which object do not have to provide any justification and remain anonymous. The Special Rapporteur was informed that States have increasingly used this procedure to restrict the access of NGOs in several meetings at United Nations Headquarters, for instance during the 2013 high-level meeting of the General Assembly on the realization of the Millennium Development Goals for persons with disabilities, the 2013 high-level dialogue on international migration and development, and the high-level meeting on rule of law.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons with disabilities
- Año
- 2014
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87a (ii)
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Implement thorough and consistent policies that emphasize the importance of substantive engagement with civil society organizations and recognize that participation at the multilateral level is an inherent component of the right to freedom of association. Such a policy should grant civil society: Access to all meetings, processes and bodies (including through the final stages of decision-making) at all levels;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2014
Párrafo
Right to food and nutrition 2016, para. 57
- Paragraph text
- International law instruments provide a normative and legal foundation for the human right to adequate food and nutrition. Article 25 of the Universal Declaration of Human Rights and article 11 of the International Covenant on Economic, Social and Cultural Rights recognize the right to adequate food and the fundamental right of everyone to be free from hunger. Dealing with global nutrition challenges through a rights-based perspective is not only desirable but also obligatory, given that nutrition is an inherent element of the right to food. In its general comment No. 12, the Committee on Economic, Social and Cultural Rights interpreted the right to food as obliging every State to "ensure for everyone under its jurisdiction access to the minimum essential food which is sufficient, nutritionally adequate and safe, to ensure their freedom from hunger".
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2016
Párrafo
Right to food and nutrition 2016, para. 88
- Paragraph text
- States have recognized the importance of nutrition education, making it mandatory within school curricula or providing education programmes targeting cities, workplaces and food providers. Some have initiated campaigns for healthier diets, provide nutrition advice for at-risk individuals or publish food-based dietary guidelines recommending a balanced diet. Dietary guidelines should guide not only consumer choices but also policy choices. Such initiatives should be culturally sensitive and based on scientific evidence. Brazil's revised dietary guidelines of 2014 are a good example, as they are comprehensive, take cultural dimensions into account and promote the consumption of minimally processed foods while encouraging sustainable food systems.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Food & Nutrition
- Personas afectadas
- All
- Año
- 2016
Párrafo
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 16
- Paragraph text
- Important initiatives include Bolsa Familia and Brasil Sem Miséria in Brazil, Oportunidades in Mexico, Asignación Universal por Hijo para protección social in Argentina, a social transfer scheme in Zambia, the National Rural Employment Guarantee Scheme in India, the Productive Safety Nets programme in Ethiopia, a universal pension scheme in Namibia and the provision of universal access to basic health services in Thailand. The programme in Brazil has grown from covering 3.6 million families in 2003 to 13.8 million in 2012, while a solidarity-based pension system in Chile went from 560,000 beneficiaries in 2008 to 1.1 million in 2012. In China, the Di bao reforms aim to create social insurance and assistance programmes to protect the entire population against economic insecurity and physical infirmity. Overall, there has, as the World Bank observes, been "an exponential growth in social safety nets, especially cash-based programs".
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Health
- Personas afectadas
- Families
- Año
- 2014
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 86
- Paragraph text
- The Special Rapporteur reiterates that the ability to peacefully assemble and freely associate is a key aspect of a vibrant democracy and critical for development. In today's globalized world, the meaning and practice of democracy stretches beyond national boundaries. Multilateral entities thus have positive responsibilities to actively protect peaceful assemblies and to establish and maintain an enabling environment for civil society. This is all the more valid when multilateral institutions claim to represent States, which are the primary actors accountable for the respect and promotion of civil liberties. In addition, the Special Rapporteur underlines the obligation of States to protect and facilitate the rights to freedom of peaceful assembly and of association of those engaging with multilateral institutions.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
Párrafo
Right to food and nutrition 2016, para. 51
- Paragraph text
- While recognizing that companies play a big role in fighting malnutrition, there is a danger in giving corporations unprecedented access to policymaking processes, which may produce conflicts of interest at several levels unless governed properly. It has been questioned whether nutrition policies can deliver both short-term financial returns for companies and long-term social and health benefits that help to effectively tackle global malnutrition challenges. Adequate safeguards are thus needed to ensure that the private sector does not use its position as a "stakeholder" to influence public policymaking spaces on nutrition to promote commercial objectives.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Food & Nutrition
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- N.A.
- Año
- 2016
Párrafo
Taxation and human rightss 2014, para. 79g
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Ensure that people have access to all relevant data and information on fiscal policy and government revenues, including from the corporate sector, and include such information under right to information laws;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2014
Párrafo
Taxation and human rightss 2014, para. 79m
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Proactively disclose information on contracts, concessions and licensing agreements in the extractive sector and related information, including expected tax revenues and export royalty rates;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2014
Párrafo
Right to food and nutrition 2016, para. 86
- Paragraph text
- Raising tariffs on imported foods and drinks classified as "unhealthy" are another tool, used for example by the Cook Islands, Fiji, French Polynesia, Nauru and Samoa. Others have lowered import tariffs on "healthy" foods that are not procured locally. Targeted subsidies or price discounts can also enable people on low incomes to afford healthier food options. In the United Kingdom of Great Britain and Northern Ireland, for example, low-income pregnant women and families receive vouchers to buy dairy and vegetables, and in the United States, the Supplemental Nutrition Assistance Program gives incentives to spend on fruits and vegetables.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Food & Nutrition
- Health
- Personas afectadas
- Families
- Women
- Año
- 2016
Párrafo
Taxation and human rightss 2014, para. 17
- Paragraph text
- Revenue collection is a critical tool for States in tackling and redressing systemic discrimination and ensuring equal access to economic, social and cultural rights. In order to redress structural inequalities, including gender inequalities, States should evaluate the differential impact of existing and proposed fiscal policies on different groups, in particular those who suffer from structural discrimination. For example, certain tax arrangements that directly or indirectly disincentivize women's participation in the labour force or promote the male bread-winner family model could threaten women's enjoyment of human rights. Meanwhile, a State with a very narrow tax base or that fails to tackle tax evasion may result in its inability to fund social protection or adequate and accessible public services, a situation that is likely to create or entrench inequalities.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Women
- Año
- 2014
Párrafo
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 12
- Paragraph text
- Although a report as brief as this can only skim the historical surface, at least five factors ensured that social protection in general, and the right to social security in particular, were of marginal importance for most of the twentieth century. First, the artificial and in some respects arbitrary division of the concept of human rights into two different categories of rights governed by very different assumptions, condemned economic and social rights to second-class status for much of this period. Second, the often proclaimed interdependence and indivisibility of the two sets of rights resolutely failed to address in practice the fact that individuals living in extreme poverty were unable to realize effectively many of their civil and political rights. Third, the mistaken notion that civil and political rights are largely costless, while economic and social rights are inevitably extremely costly, was used to legitimize the assumption that social security was a quintessentially costly right and thus only really of relevance to rich countries. Fourth, where it was officially accepted, social security was largely conceptualized as a tool for protecting workers in the public sector and in the formal sector more generally. Thus only minimal efforts were made to develop a more inclusive notion that built upon both formal and informal structures and processes to ensure that all persons were covered by some type of security arrangement. Fifth, many of those problems were exacerbated by the impact of the cold war on the human rights framework. A sixth factor was the extent to which individual United Nations agencies claimed different issues as their own and sought to develop forms of exclusive jurisdictional competence. Under that scheme, social security "belonged" to ILO. The rest of the United Nations system thus more or less kept away from the issue, except in the most general terms. That also meant that, some official rhetoric notwithstanding, the United Nations human rights system developed in relative isolation from what should have been the closely related work of a number of the specialized agencies.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 2014
Párrafo
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 53
- Paragraph text
- International civil society groups should mobilize effectively and in coalition with groups in other sectors to advocate and promote the Social Protection Floor Initiative. While the Center for Economic and Social Rights joined with a range of other groups, including Amnesty International, to call for a commitment to social protection floors in the sustainable development goals, the great majority of international human rights groups have said little and done less on the issue. It is essential to acknowledge that extreme poverty, which continues to afflict hundreds of millions of people, is a negation of all human rights. International civil society groups in the human rights field fight valiantly to eliminate torture, to reduce and expose extrajudicial executions, to reduce violence against women, to outlaw discrimination and the oppression of minorities and so on, but if the elimination of extreme poverty is not a central part of the collective human rights vision, it is a highly selective battle that is being fought.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Personas afectadas
- Ethnic minorities
- Women
- Año
- 2014
Párrafo
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 64
- Paragraph text
- International support, especially for low-income countries, seeking to develop social protection floors is essential. In 2012, two special rapporteurs put forward an important proposal for the creation of a global fund for social protection. That is a sophisticated and carefully calibrated proposal, which has garnered significant attention at the international level. It seems clear, however, that further reflection is required in order to ensure that the focus and the proposed modalities of the fund are optimal and acceptable to key actors. The Social Protection Inter-Agency Cooperation Board should consider establishing an expert group to review the proposal and to recommend an initiative designed to achieve the objectives identified.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 2014
Párrafo
Taxation and human rightss 2014, para. 79j
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Institute fully transparent public oversight over the granting and monitoring of tax incentives, and conduct periodic assessments of social benefits and human rights compliance, informed by broad public participation, especially by individuals who will be most affected; and refrain from granting fixed-term tax holidays and tax stability agreements that may undermine accountability for evolving impact on human rights;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2014
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87k
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Ensure that they have comprehensive and fair access to information policies in place, and that these policies include, inter alia, guarantees of timely and easy access to all information and documents, a limited list of specific exemptions, a public interest test, and an independent appeals board. In this regard, the Special Rapporteur recommends The Global Transparency Initiative's Transparency Charter for International Financial Institutions as a model;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2014
Párrafo
Taxation and human rightss 2014, para. 79f
- Paragraph text
- [States must realize the full potential of tax collection as a tool to generate revenue for the fulfilment of human rights obligations and to redress discrimination and inequality. Human rights principles regarding participation, transparency, accountability and non-discrimination should be followed throughout the whole revenue-raising cycle. For this purpose, States should:] Review tax structures, codes and instruments for explicit and implicit gender bias and ensure they do not reinforce existing gender inequalities, including through their impact on unpaid care work;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2014
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87l
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Have strict internal guidelines governing the policing of assemblies, rather than simply handing this function over to local authorities. These guidelines should mirror international law and good practices. Moreover, multilateral organizations should not organize major events likely to draw protests in locations where they cannot receive assurances that local authorities have the political will and technical capacity to uphold international standards. The Special Rapporteur also strongly recommends that multilateral institutions require domestic authorities to produce a report detailing how demonstrations, protests and other public gatherings around international events were managed by police, and that such reports be made public.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2014
Párrafo
Taxation and human rightss 2014, para. 33
- Paragraph text
- When acting as a member of an international organization, a State remains responsible for its own conduct in relation to its human rights obligations within and outside its territory. This includes identifying the possible human rights impact of measures agreed at the international level, including the impact on persons living in poverty. Therefore, when a State makes decisions about loans as a member of an international financial institution, careful consideration of human rights obligations would mitigate against imposing conditions regarding fiscal policies that may jeopardize the human rights of the borrower State's population or undermine that State's ability to use maximum available resources to realize economic, social and cultural rights.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Poverty
- Personas afectadas
- All
- N.A.
- Año
- 2014
Párrafo
Challenges and lessons in combating contemporary forms of slavery 2013, para. 96
- Paragraph text
- Companies should engage with other actors across their industries and sectors; advocate for global action on contemporary forms of slavery both unilaterally and through membership or multi-stakeholder organizations; adopt codes of conduct and other corporate policies that explicitly prohibit forced labour and contemporary slavery; ensure that these policies are integrated throughout the company's management and performance systems; train all relevant staff, suppliers and other business partners on contemporary forms of slavery, and ensure that actions are taken beyond the first tier of the supply chain, where risks are greatest; and carry out risks assessments, audits and other forms of due diligence to determine, identify and root out any potential risk of exploitation.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 53
- Paragraph text
- An example of good practice is the multi-stakeholder public-private platform Project Issara initiated by Anti-Slavery International to tackle modern slavery in South-East Asia, with an initial focus on forced labour in the export-oriented industries of Thailand that affect global supply chains. Another well-known example of a multi-stakeholder private-public initiative is the National Pact for the Eradication of Slave Labour in Brazil, which brings companies together to combat slave labour with the assistance of ILO, non-governmental organizations (including Repórter Brasil and Ethos) and support from the Government. Over 400 companies and trade associations had signed the pact as of May 2014, including large companies such as Walmart Brazil, committing not to do business with people and companies involved with slave labour.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Taxation and human rightss 2014, para. 27
- Paragraph text
- Moreover, States parties to the International Covenant on Economic, Social and Cultural Rights have an immediate core obligation to ensure the satisfaction of, at the very least, minimum essential levels of all economic, social and cultural rights. These minimum essential levels are entitlements that are crucial to securing an adequate standard of living through basic subsistence, essential primary health care, basic shelter and housing and basic forms of education for all members of society. Even during times of severe resource constraints, States must demonstrate that every effort has been made to use all resources that are at its disposal, including resources that could potentially be collected through taxation, or tackling tax evasion and other illicit financial flows, in an effort to satisfy, as a matter of priority, minimum essential levels.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 2014
Párrafo
Taxation and human rightss 2014, para. 34
- Paragraph text
- In the past, it has been difficult to reach international agreement on tax cooperation owing to the powerful entrenched interests at play and the reluctance of States to cede any sovereignty on tax affairs. In the current status quo, however, certain States - in particular low-income States and States with high debt levels or loans from international financial institutions - have very limited sovereignty over their tax affairs. Indeed, their actions in this sphere are frequently constrained by wealthy countries, international financial institutions and business interests. Tax sovereignty is also undermined by competition for foreign investment between developing countries, creating a "race to the bottom" in terms of both corporate tax rates and incentives.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2014
Párrafo
Taxation and human rightss 2014, para. 53
- Paragraph text
- Income distribution and its management through taxation also have a crucial relationship with democracy. Growing income disparities can serve to polarize and fragment societies, which can ultimately lead to alienation and social unrest.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- N.A.
- Año
- 2014
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 24
- Paragraph text
- In the garment and textile sectors, reports indicate a significant risk of contemporary forms of slavery occurring in the complex subcontracting that characterizes the industry in many parts of the world, including the sometimes home-based and informal workshops operating on the margins of the formal economy. Subcontractors such as these are often overlooked both by labour inspections and due diligence systems, making workers in these supply chains particularly vulnerable to exploitation given the quick turnaround time to meet orders from global fashion brands and consumer needs. Contemporary forms of slavery have often been cited as occurring in global supply chains of international brands.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Violence
- Personas afectadas
- All
- Año
- 2015
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 34
- Paragraph text
- The Brazilian Ministry of Labour maintains a record of people and corporations found to be using slave labour, which has been termed the "dirty list", established by ministerial decree of 2003. The database was used by public and private companies that applied commercial and financial sanctions. The list grew to include 52 employers of slave labourers in 2003 to 609 as of July 2014. However, in December 2014, the Supreme Court granted an injunction to an association of construction companies, suspending the "dirty list". To date, attorneys from the Federal Government have not been able to re-establish the database. Another challenge to the list was launched following the Labour Prosecutor's Office finding that Zara Brazil (part of global brand Inditex) had directive power over the supply chain and litigation has ensued which includes a challenge to the constitutionality of the "dirty list". Also in Brazil, the Sao Paulo State Law to Combat Slave Labour, also known as the Bezerra Law, seeks to regulate the disclosure of slave labour.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Año
- 2015
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 56
- Paragraph text
- States have a duty under international human rights law to ensure the right to a remedy, including equal and effective access to justice and adequate, effective and prompt reparations for human rights violations. For victims of gross violations of international human rights law, such as slavery and slavery-like practices, full and effective reparation may take the following forms: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. In the third pillar of the Guiding Principles on Business and Human Rights, clear guidance is set out on "access to remedy", delineating respective roles for both States and business.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2015
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 13
- Paragraph text
- Following egregious violations of health and building safety standards that resulted in fatal accidents, such as the 2013 Rana Plaza factory collapse in Bangladesh leading to death of over 1,100 garment workers, additional attention has been given to increasing State and corporate accountability for violations of human rights, including labour rights, in global value or supply chains. In this context, the recent commitment by leaders of major global economies at the recent Group of Seven (G7) Summit to take action to address human rights in global supply chains is welcome and needs to be followed up by concrete actions.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Año
- 2015
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 43
- Paragraph text
- The Guiding Principles on Business and Human Rights provide conceptual and operational clarity for the two human rights principles of the Global Compact Initiative, a broad-based multi-stakeholder initiative addressed to business, launched in 2000. The Global Compact brings together Governments, employers, civil society groups and trade unions, as well as other stakeholders, on the basis of 10 universally accepted principles of human rights, labour, environment and the fight against corruption. The principles are drawn from key United Nations and ILO standards, with contemporary forms of slavery figuring prominently among the categories of human rights and labour rights (principles 1, 2, 4 and 5). Since the Global Compact's launch, more than 12,000 participants, including over 8,000 businesses from 145 countries, have joined. The high number of the initiative's participants is commendable, but the most obvious gap of Global Compact is in terms of a follow-up mechanism for monitoring and implementation, since businesses need only to communicate annually on progress made in implementing the 10 principles.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 71
- Paragraph text
- Compelling circumstances denying access to counsel must be strictly defined in national law and correspond to situations in which there is an urgent need to avert serious adverse consequences for the life, liberty or physical integrity of persons, or where immediate action by investigators is imperative to prevent the destruction or alteration of essential evidence or to prevent interference with witnesses. Even then, the questioning of suspects without a lawyer must be accompanied by appropriate safeguards, limited to what is strictly necessary to achieve its singular purpose (i.e., obtaining information to address the exigent circumstances) and cannot unduly prejudice the rights of the defence (European directive 2013/48/EU). Defence rights are in principle irreparably prejudiced when incriminating statements made during questioning in the absence of counsel are used for a conviction (see European Court of Human Rights, Salduz v. Turkey).
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2016
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 15
- Paragraph text
- In the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956, the protection of the right is extended to include "institutions and practices similar to slavery", i.e. debt bondage, serfdom, servile marriage and delivering a child for exploitation. Child economic exploitation and child hazardous labour are further prohibited in the International Covenant on Economic, Social and Cultural Rights (art. 10 (3)) and the Convention on the Rights of the Child (art. 32). In the International Labour Organization (ILO) Worst Forms of Child Labour Convention, 1999 (No. 182), the elimination of the worst forms of child labour is called for, which are defined as including all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage, serfdom and forced or compulsory labour as well as hazardous work (art. 3).
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Violence
- Personas afectadas
- Children
- Año
- 2015
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 35
- Paragraph text
- Lesbian, gay, bisexual and transgender detainees report higher rates of sexual, physical and psychological violence in detention than on the basis of sexual orientation and/or gender identity than the general prison population (CAT/C/CRI/CO/2). Violence against these persons in custodial settings, whether by police, other law enforcement authorities, prison staff or other prisoners, is prevalent (A/HRC/29/23). Fear of reprisals and a lack of trust in the complaints mechanisms frequently prevent lesbian, gay, bisexual and transgender persons in custody from reporting abuses. Their placement in solitary confinement or administrative segregation for their own "protection" can constitute an infringement on the prohibition of torture and ill-treatment. Authorities have a responsibility to take reasonable measures to prevent and combat violence against lesbian, gay, bisexual and transgender detainees by other detainees.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Violence
- Personas afectadas
- LGBTQI+
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 44
- Paragraph text
- In other cases, women and girls face significant difficulties in accessing legal abortion services due to administrative and bureaucratic hurdles, refusal on the part of health-care workers to adhere to medical protocols that guarantee legal rights, negative attitudes, official incompetence or disinterest (A/HRC/22/53). The denial of safe abortions and subjecting women and girls to humiliating and judgmental attitudes in such contexts of extreme vulnerability and where timely health care is essential amount to torture or ill-treatment. States have an affirmative obligation to reform restrictive abortion legislation that perpetuates torture and ill-treatment by denying women safe access and care. Limited and conditional access to abortion-related care, especially where this care is withheld for the impermissible purpose of punishing or eliciting a confession, remains of concern (A/HRC/22/53). The practice of extracting, for prosecution purposes, confessions from women seeking emergency medical care as a result of illegal abortion in particular amounts to torture or ill-treatment.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Girls
- Women
- Año
- 2016
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 77
- Paragraph text
- Concern is expressed about the drawing of negative inferences from a person's failure to answer questions, and it is recommended that no inferences be drawn "at least where the accused has not had prior consultations with counsel" (see CCPR/C/IRL/CO/3). The Rome Statute and the Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa (Luanda Guidelines) expressly prohibit adverse inferences being drawn at trial from a suspect's exercise of the right to remain silent, finding that anything to the contrary may improperly imply that a suspect's silence amounts to an admission of guilt and compromise the presumption of innocence.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2016
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 85
- Paragraph text
- Suspect interviews must be at least audio, and preferably video, recorded (see A/HRC/4/33/Add.3 and A/68/295). Video recorders should capture the entire interview room, including all persons present. Video recording discourages torture while providing an authentic and complete record that can be reviewed during the investigation and used for training purposes. It cannot, however, be used as an alternative to the presence of counsel (see CAT/C/AUT/CO/3 and A/HRC/25/60/Add.1). The Special Rapporteur acknowledges the financial implications associated with the use of video-recording equipment. The protocol may explore alternative solutions, such as limiting the mandatory use of audiovisual recording to interviews of suspects, vulnerable victims or witnesses.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Humanitarian
- Año
- 2016
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 81
- Paragraph text
- A complementary safeguard is the presence of a support person during questioning, in addition to counsel. A child must never be subjected to questioning or requested to make any statement or to sign any document without the presence of a lawyer and, in principle, his or her caregiver or another appropriate adult (whose presence is encouraged to help to prevent coercion, reassure the child and limit potential traumatization), at all stages of the investigation and proceedings (see the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems; and Committee on the Rights of the Child, general comment No. 10 (2007) on children's rights in juvenile justice). Persons who appear to suffer from psychosocial or intellectual disabilities should be assisted by an independent support person, whether a relative, legal guardian, mental health professional or social worker with relevant experience and training, during questioning.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Children
- Persons with disabilities
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 15
- Paragraph text
- A clear link exists between the criminalization of lesbian, gay, bisexual and transgender persons and homophobic and transphobic hate crimes, police abuse, community and family violence and stigmatization (A/HRC/19/41). At least 76 States have laws that criminalize consensual relationships between same-sex adults, in breach of the rights to non-discrimination and privacy; in some cases, the death penalty may be imposed. Such laws foster a climate in which violence against lesbian, gay, bisexual and transgender persons by both State and non-State actors is condoned and met with impunity. Transgender persons are criminalized in many States through laws that penalize cross-dressing, "imitating the opposite sex" and sex work. Lesbian, gay, bisexual and transgender persons are frequently detained on the basis of laws containing vague and undefined concepts such as "crimes against the order of nature", "morality", "debauchery", "indecent acts" or "grave scandal" (A/HRC/29/23).
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 47
- Paragraph text
- In many States women seeking maternal health care face a high risk of ill-treatment, particularly immediately before and after childbirth. Abuses range from extended delays in the provision of medical care, such as stitching after delivery to the absence of anaesthesia. Such mistreatment is often motivated by stereotypes regarding women's childbearing roles and inflicts physical and psychological suffering that can amount to ill-treatment. The detention of post-partum women in health-care facilities for failure to pay medical bills amounts to ill-treatment by separating new mothers from their children and exposing them to significant health risks.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Health
- Personas afectadas
- Children
- Women
- Año
- 2016
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 42
- Paragraph text
- In order to meet their responsibility to respect human rights, businesses need to, as per principle 16, adopt human rights policy statements, the criteria for which are set out in this principle. The responsibility to respect also requires ongoing human rights due diligence to identify, prevent, mitigate and account for human rights impacts (principles 17-21). The Guiding Principles on Business and Human Rights also state that, where businesses identify that they have caused or contributed to adverse human rights impacts, they should have processes in place to enable remediation (principle 15).
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 43
- Paragraph text
- Unsafe abortion is the third leading cause of maternal death globally. Where access to abortion is restricted by law, maternal mortality increases as women are forced to undergo clandestine abortions in unsafe and unhygienic conditions. Short- and long-term physical and psychological consequences also arise due to unsafe abortions and when women are forced to carry pregnancies to term against their will (A/66/254). Such restrictive policies disproportionately impact marginalized and disadvantaged women and girls. Highly restrictive abortion laws that prohibit abortions even in cases of incest, rape or fetal impairment or to safeguard the life or health of the woman violate women's right to be free from torture and ill-treatment (A/HRC/22/53, CEDAW/C/OP.8/PHL/1). Nevertheless, some States continue to restrict women's right to safe and legal abortion services with absolute bans on abortions. Restrictive access to voluntary abortion results in the unnecessary deaths of women (CAT/C/PER/CO/4).
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Girls
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 49
- Paragraph text
- Transgender persons often face difficulties in accessing appropriate health care, including discrimination on the part of health-care workers and a lack of knowledge about or sensitivity to their needs. In most States they are refused legal recognition of their preferred gender, which leads to grave consequences for the enjoyment of their human rights, including obstacles to accessing education, employment, health care and other essential services. In States that permit the modification of gender markers on identity documents abusive requirements can be imposed, such as forced or otherwise involuntary gender reassignment surgery, sterilization or other coercive medical procedures (A/HRC/29/23). Even in places with no legislative requirement, enforced sterilization of individuals seeking gender reassignment is common. These practices are rooted in discrimination on the basis of sexual orientation and gender identity, violate the rights to physical integrity and self-determination of individuals and amount to ill-treatment or torture.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Health
- Personas afectadas
- LGBTQI+
- Año
- 2016
Párrafo
Integrating a gender perspective in the right to food 2016, para. 20
- Paragraph text
- Finally, legal barriers may force women to choose between domestic responsibilities and outside employment. As primary caretakers for children and households, women are not always permitted to engage in paid employment, and family and personal laws may prevent a woman from making employment decisions without her husband's permission. Meanwhile, some countries featured highly discriminatory family laws that gave husbands authority over their wives in marriage including rights over property, and divorce filings. Women also often struggle with maternity protection and child care as those carrying the primary responsibility for domestic work.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Equality & Inclusion
- Gender
- Health
- Personas afectadas
- Children
- Families
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 65
- Paragraph text
- Victims of gender-based violence face significant hurdles in accessing justice and reparations, including absence of or shortcomings in domestic legal frameworks to hold perpetrators accountable, and practical obstacles such as the significant expense involved in accessing courts. Stigma can be a factor associated with gender-based crimes, and victims may fear rejection by families and communities and encounter personnel who are not properly trained to respond to their needs. All victims must be granted access to effective judicial and administrative remedies. This entails the dismantling of discriminatory barriers and the provision of support to victims at all stages of the legal process.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Violence
- Personas afectadas
- Families
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70k
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Account for women's gender-specific health-care needs and provide individualized primary and specialist care, including comprehensive and detailed screenings and prerelease preparations, in a holistic and humane manner, in line with the Bangkok Rules; provide preventive and gender-sensitive care designed to safeguard women's privacy and dignity, including as regards mental health, sexual and reproductive health, HIV prevention and treatment and substance abuse treatment and rehabilitation programmes; and ensure that female detainees are examined and treated by female health-care professionals if they so request, except in emergency situations, when female staff should be present;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Health
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Integrating a gender perspective in the right to food 2016, para. 75
- Paragraph text
- Oxfam researchers found that adaptation projects aimed at women created under Burkina Faso's National Action Programme for Adaptation (NAPA) sought to diversity the ways that women can generate income to offset income lost by harvests damaged by climate change. In order to rectify these consequences, individuals and organizations need to be better educated on the different vulnerabilities that men and women face in disasters, and local women's organizations need to be consulted in order to understand region-specific contexts. Moreover, such attempts could have ancillary positive effects, as developing credit systems to aid families during times of famine, strengthening women's organizations that promote adaptation measures, and addressing larger issues could prevent gender inequality.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Food & Nutrition
- Gender
- Humanitarian
- Personas afectadas
- Families
- Men
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 67
- Paragraph text
- Adequate redress requires States to investigate, prosecute and punish perpetrators and inform the public of results. States must ensure that judicial procedures and rules of evidence are gender responsive; that equal weight is afforded to the testimony of women, girls, and lesbian, gay, bisexual, transgender and intersex persons; and that the introduction of discriminatory evidence and the harassment of victims and witnesses are strictly prohibited. The standards established by international courts should serve as an example for domestic courts to follow, for instance by implementing institutional gender-balance requirements and prohibiting the admission of evidence regarding the victims' prior sexual conduct in cases of sexual, domestic and other gender-based violence.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Violence
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Integrating a gender perspective in the right to food 2016, para. 2
- Paragraph text
- The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) offers guidance on the State obligations to ensure gender equality and non-discrimination in the enjoyment of all human rights. Its article 14 on Rural Women introduces concrete measures to create an enabling environment for women to enjoy equal treatment, in particular, in relation to land and agrarian reform as well as in land resettlement schemes. The Convention also guarantees adequate nutrition for women during pregnancy and lactation (art. 12). The CEDAW provides good guidance on how violations of economic, social and cultural rights may be experienced by women in various social contexts and helps illustrate the need for an integrated approach when addressing women's economic, social and cultural rights, including the right to food.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Food & Nutrition
- Gender
- Personas afectadas
- Women
- Año
- 2016
Párrafo
Integrating a gender perspective in the right to food 2016, para. 12
- Paragraph text
- Girls and women suffer from discrimination in relation to their right to food at all stages in life. In many countries, females receive less food than their male partners, due to a lower social status. In extreme cases, a preference for male children may lead to female infanticide, including by deprivation of food. Some mothers stop breastfeeding girls prematurely in order to try and get pregnant with a male, which could increase risks of infection and other risks if impure water is used with formula. Similar discrimination applies to older women who tend to be less literate than older men, in many parts of the world; this limits women's employability, participation and voice in community development activities and makes them less likely to be able to provide for themselves.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Food & Nutrition
- Gender
- Health
- Personas afectadas
- Children
- Girls
- Older persons
- Women
- Año
- 2016
Párrafo
Integrating a gender perspective in the right to food 2016, para. 22
- Paragraph text
- The Philippines also demonstrates discriminatory land distribution. While the country legally allows women to own land, the "invisibility" of women within the food production system has created structural barriers that prevent them from accessing productive resources. There is a correlation between land ownership and access to productive resources including credit, inputs, varieties of seeds and inorganic fertilizers, farming equipment, and extension services including credit. As a result, less than 3 percent of women who work in the agriculture and fisheries sectors in the Philippines benefit from support services such as credit, seeds, training, and access to technology, therefore making it almost impossible to secure a sustainable income and livelihood.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Equality & Inclusion
- Gender
- Personas afectadas
- Women
- Año
- 2016
Párrafo
Integrating a gender perspective in the right to food 2016, para. 31
- Paragraph text
- Historically, efforts to increase the global food supply did not apply the intellectual property rights (IPR) regime to agricultural innovation. In most communities, farming practices, such as seed exchanges were communal activities, unrestricted by law. Furthermore, most agricultural research and development (R&D) was funded by the public sector. Today, however, industrialized agriculture mostly replaced traditional communal farming and has been inspired by competitive market for agricultural innovations to increase production. Over the past few decades, funding for agricultural R&D has shifted to private companies. The ten largest agricultural biotechnology companies invest roughly EUR1.69 billion a year on new product development, amounting to about 7.5 percent of these companies total sales revenue. To ensure that these companies recoup development costs for agricultural technologies and continue to invest in the R&D, an IPR-agricultural framework has emerged.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Food & Nutrition
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2016
Párrafo
Integrating a gender perspective in the right to food 2016, para. 78
- Paragraph text
- With the increased commercialization of agriculture and highly technological improvements, farming systems are overly dependent on external inputs such as agrochemicals. Poor rural women and men farmers often spread risk by growing a wide variety of locally-adapted crops, some of which will be resistant to drought or pests, and livestock breeds that have adapted to the local agro ecological zone. Diversification, an important coping strategy adopted by poor rural households, also protects women against climate change, desertification, and other environmental stresses.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Food & Nutrition
- Personas afectadas
- Men
- Women
- Año
- 2016
Párrafo
Integrating a gender perspective in the right to food 2016, para. 24
- Paragraph text
- Inheritance is often the main avenue for women's land acquisition, yet women are still less likely to inherit land than men. Inheritance is often determined through marriage practices. Through patri-linearism, which is the most common societal system, sons, rather than daughters, inherit land from their fathers. Even where bilateral inheritance practices exist, communities may favor customary patrilineal practices. This is so in the case of the Mossi community in Burkina Faso "where despite the fact that the majority of families are Muslim, meaning that in theory daughters inherit land, this practice is not observed."
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Harmful Practices
- Social & Cultural Rights
- Personas afectadas
- Families
- Men
- Women
- Año
- 2016
Párrafo
Integrating a gender perspective in the right to food 2016, para. 34
- Paragraph text
- The greatest implication of the IPR regime on women and their right to food relates to seed saving, a practice that is both predominantly controlled by women and a critical component of small-scale, subsistence agriculture. Studies show that up to 90% of planting materials used in smallholder agriculture are seeds and germ plasms that are produced, selected, and saved by women. Seeds and seed banks are important for addressing the crisis of agricultural biodiversity, for ensuring sustainable livelihood solutions for food security, and for empowering women with a sustainable livelihood.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Food & Nutrition
- Gender
- Personas afectadas
- Women
- Año
- 2016
Párrafo
Integrating a gender perspective in the right to food 2016, para. 69
- Paragraph text
- Insecure land tenure reduces rural women's and men's incentives to make long-term investments in soil rehabilitation and conservation, which are crucial to agricultural land management in era of climate change and resource scarcity. A reduction of agricultural productivity and more competition for productive land leave women with the more marginal and fragile lands. Tools are often reserved for men's plots of land and women may not use technological adaptation techniques. In a Sub-Saharan African county, women, have limited access to irrigation or other farm technology, such as motorized tillers that would increase productivity and offset negative impacts of climatic shocks.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Environment
- Personas afectadas
- Women
- Año
- 2016
Párrafo
Effects of pesticides on the right to food 2017, para. 50
- Paragraph text
- Certain voluntary guidelines and recommendations are also relevant in the context of human rights and pesticides. The Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, which provide non-binding guidance for States on operationalizing the right to adequate food, promote State action in the realm of food safety and consumer protection. For example, guideline 9 calls for States to develop food safety standards on pesticide residues. Guideline 4 advocates that States should ensure adequate protection for consumers against unsafe food and encourages the development of corporate social responsibility policies for businesses.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
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- Personas afectadas
- All
- N.A.
- Año
- 2017
Párrafo
Integrating a gender perspective in the right to food 2016, para. 63
- Paragraph text
- Women remain more vulnerable than men in post-disaster situations, as their household responsibilities increase while access to resources decreases. The daily work involved in providing food, water, and fuel for households after a disaster requires intensive labour, the bulk of which is borne by women. Moreover, marketing interference with breastfeeding initiation and long-term prolongation jeopardizes women's ability to safely feed their infants and young children due to unreliable quality and quantity of safe drinking water, particularly in post-disaster situations.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Health
- Humanitarian
- Personas afectadas
- Children
- Infants
- Women
- Año
- 2016
Párrafo
Effects of pesticides on the right to food 2017, para. 68
- Paragraph text
- Meanwhile, the activities of certain non-governmental organizations have made a significant impact on recent policies. Pesticide Action Network International, for example, has developed a list of highly hazardous pesticides based on its own definition, which has been useful in advocacy efforts. A recent civil society initiative, the International Monsanto Tribunal, held in The Hague in October 2016, dealt with human rights violations stemming from widely used hazardous pesticides. Eminent judges heard testimonies from victims and will deliver an opinion, following procedures similar to those at the International Court of Justice. While these efforts are helpful to publicize the problem and help to develop laws in the future, they cannot provide remedy to victims.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Food & Nutrition
- Governance & Rule of Law
- Health
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Effects of pesticides on the right to food 2017, para. 73
- Paragraph text
- Lack of harmonized standards also results in more toxic, and even banned, pesticides being used extensively in developing countries because they are cheaper alternatives. In many cases, highly hazardous pesticides that are not or no longer permitted for use in industrialized countries are exported to developing countries. Some pesticide companies fail to register or reregister products intended for export to developing countries, or increase exports of products that have been banned or restricted to use up existing stocks, fully aware that they would not be authorized for sale in the country where the company is based. To subject individuals of other nations to toxins known to cause major health damage or fatality is a clear human rights violation.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Food & Nutrition
- Health
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Protection of journalists and press freedom 2010, para. 23
- Paragraph text
- In addition, the Special Rapporteur emphasizes the importance for journalists to be alert to the danger of discrimination being furthered by the media, and to do the utmost to avoid facilitating such discrimination based on, inter alia, race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. In this regard, the Special Rapporteur notes that, in accordance with international human rights law, any expression of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence should be prohibited, as should the dissemination of ideas based on racial superiority or hatred. Moreover, the Special Rapporteur encourages journalists to promote, through their work, a deeper understanding of racial, cultural and religious diversity, and to contribute to developing better intercultural relationships.
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- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Año
- 2010
Párrafo
Effects of pesticides on the right to food 2017, para. 102
- Paragraph text
- International human rights law sets forth comprehensive State obligations to respect, protect and fulfil human rights. In particular, the rights to adequate food and to health provide clear protections for all people against excessive or inappropriate use of pesticides. Taking a human rights approach to pesticides guarantees the principles of universality and non-discrimination, under which human rights are guaranteed for all persons, including vulnerable groups, who disproportionately feel the burden of hazardous pesticides.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Food & Nutrition
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- Personas afectadas
- All
- Año
- 2017
Párrafo
Protection of journalists and press freedom 2010, para. 41
- Paragraph text
- In sum, international human rights law guarantees the right to freedom of expression of all individuals, including journalists, as well as their right to life, liberty and security, among other rights. However, despite those existing norms and standards, attacks against journalists continue, as highlighted above (see paras. 24-31). The Special Rapporteur strongly emphasizes the need for States to abide by their international obligations by taking more effective action on the ground to ensure the effective protection of journalists, especially where there is a pattern of attacks against them.
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- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Activists
- Año
- 2010
Párrafo
Effects of pesticides on the right to food 2017, para. 97
- Paragraph text
- Such resistance is particularly likely and rapid in monoculture of genetically engineered crops. As a result, genetically engineered crops may create a cycle of entrapment for farmers, with herbicide-tolerant crops eventually requiring more herbicides to fight pest resistance. Farmers using genetically engineered seed are obliged to buy the pesticides that go along with it, benefiting the pesticide industry without considering the economic burden on famers or the cost to the environment. Farmers’ right to assess technologies such as genetically engineered crops and weigh these in the light of other possible alternatives has also been ignored under the assumptions of conventional economics. Indeed some argue that the development of alternatives has been undermined by the emphasis on investment in genetically engineered technologies.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Food & Nutrition
- Health
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Effects of pesticides on the right to food 2017, para. 105
- Paragraph text
- In the words of the Director-General of FAO, we have reached a turning point in agriculture. Today’s dominant agricultural model is highly problematic, not only because of damage inflicted by pesticides, but also their effects on climate change, loss of biodiversity and inability to ensure food sovereignty. These issues are intimately interlinked and must be addressed together to ensure that the right to food is achieved to its full potential. Efforts to tackle hazardous pesticides will only be successful if they address the ecological, economic and social factors that are embedded in agricultural policies, as articulated in the Sustainable Development Goals. Political will is needed to re-evaluate and challenge the vested interests, incentives and power relations that keep industrial agrochemical-dependent farming in place. Agricultural policies, trade systems and corporate influence over public policy must all be challenged if we are to move away from pesticide-reliant industrial food systems.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Food & Nutrition
- Personas afectadas
- All
- Año
- 2017
Párrafo
Protection of journalists and press freedom 2010, para. 54
- Paragraph text
- Various stakeholders have addressed the issue of the protection of journalists in armed conflict, including United Nations bodies and civil society organizations. On 23 December 2006, the Security Council adopted a landmark resolution on the protection of journalists in armed conflict (resolution 1738 (2006)), in which it expressed its deep concern regarding the frequency of deliberate attacks against journalists, media professionals and associated personnel in armed conflict, in violation of international humanitarian law, and called upon all parties to an armed conflict to put an end to such practices. It also emphasized the responsibility of States, as well as their obligation to end impunity and to prosecute those responsible for serious violations. In accordance with the request made by the Security Council through that resolution, the Secretary-General has included a section on the protection of journalists in armed conflict in his reports on the protection of civilians in armed conflict.
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- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- Activists
- Año
- 2010
Párrafo
Protection of journalists and press freedom 2010, para. 60
- Paragraph text
- Several civil society organizations have also taken initiatives to address the issue of protection of journalists in armed conflict. CPJ, IFJ, the International News Safety Institute, the Press Emblem Campaign and Reporters without Borders, to name only a few, have contributed significantly to raising the awareness of the international community regarding attacks against journalists and their safety concerns. Their engagement covers a wide range of actions, from providing training to journalists to the systematic reporting of attacks against and killings of journalists. These organizations have also developed a range of handbooks, codes and guidelines and safety information for journalists and other media professionals.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- Activists
- Año
- 2010
Párrafo
Protection of journalists and press freedom 2010, para. 63
- Paragraph text
- Citizen journalists are not trained professional journalists. At times, citizen journalism has been criticized as being unreliable or lacking objectivity. Nevertheless, the importance of this new form of journalism cannot be underestimated. Indeed, through a participatory approach, citizen journalists contribute to the creation of a richer diversity of views and opinions, including information about their communities and groups in need of particular attention, such as women, indigenous people and minorities, and play a critical watchdog role in countries where freedom of the press is not a reality. More important, they can provide an immediate, insider's view of a conflict or catastrophe, whereas professional journalists may not be granted access to places where hostilities unfold or may have to travel for days before reaching a disaster zone or area.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Humanitarian
- Personas afectadas
- Ethnic minorities
- Women
- Año
- 2010
Párrafo
Effects of pesticides on the right to food 2017, para. 103
- Paragraph text
- Implementing the right to adequate food and health requires proactive measures to eliminate harmful pesticides. Corporations have the responsibility to ensure that the chemicals they produce and sell do not pose threats to these rights. There continues to be a general lack of awareness of the dangers posed by certain pesticides, a condition exacerbated by industry efforts to downplay the harm being done as well as complacent Governments that often make misleading assertions that existing legislation and regulatory frameworks provide sufficient protection.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Food & Nutrition
- Health
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Effects of pesticides on the right to food 2017, para. 90
- Paragraph text
- Today, hazardous pesticides are in excessive use, inflicting damage on human health and ecosystems around the world, and their use is poised to increase in the coming years. Safer practices exist and can be developed further to minimize the impacts of such excessive, in some cases unnecessary, use of pesticides that violate a number of human rights. A rise in organic agricultural practices in many places illustrates that farming with less or without any pesticides is feasible. Studies have indicated that agroecology is capable of delivering sufficient yields to feed the entire world population and ensure that they are adequately nourished.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Food & Nutrition
- Health
- Personas afectadas
- All
- Año
- 2017
Párrafo
Effects of pesticides on the right to food 2017, para. 101
- Paragraph text
- While the present report has illustrated that there is no shortage of international and national legislation, as well as non-binding guidelines, such instruments are failing to protect humans and the environment from hazardous pesticides. These instruments suffer from implementation, enforcement and coverage gaps, and generally fail to effectively apply the precautionary principle or meaningfully alter many business practices. Existing instruments are particularly ineffective in addressing the cross-border nature of the global pesticide market, as proven by the widespread and often legally permitted practices of exporting banned highly hazardous pesticides to third countries. These gaps and inadequacies should be confronted on the basis of human rights mechanisms.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Health
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Protection of journalists and press freedom 2010, para. 62
- Paragraph text
- In times of armed conflict, internal disturbance or natural disaster, ordinary citizens may become engaged in reporting activities. Such persons are usually referred to as "citizen journalists". While there is no universal definition of citizen journalism as such, the concept is usually understood as independent reporting, often by amateurs on the scene of an event, which is disseminated globally through modern media, most often the Internet (for example, through photo- or video-sharing sites, blogs, microblogs, online forums, message boards, social networks, podcasts, and so forth). New technologies have provided unprecedented access to means of global communication, and have therefore introduced new means of reporting on news and events around the world.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Humanitarian
- Año
- 2010
Párrafo
Protection of journalists and press freedom 2010, para. 88
- Paragraph text
- Given that in at least 4 of every 10 cases involving the murder of journalists, the victims receive threats before being killed, the Special Rapporteur urges all Governments to investigate such threats and ensure effective protection, for example through witness protection programmes. In this regard, the Special Rapporteur notes that detailed guidelines and recommendations have been set out in the report of the Special Rapporteur on extrajudicial, summary and arbitrary executions (see A/63/313), the reports of the Office of the United Nations High Commissioner for Human Rights on the right to the truth (A/HRC/12/19 and A/HRC/15/33) and the analytical study on human rights and transitional justice (A/HRC/12/18).
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- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Año
- 2010
Párrafo
Protection of journalists and press freedom 2010, para. 58
- Paragraph text
- UNESCO has also taken various initiatives relating to the protection of journalists as part of its mandate to defend freedom of expression and press freedom. For example, in 1997, the General Conference endorsed two major declarations on media assistance to conflict and post-conflict situations, as well as on the relationship between media and good governance. World Press Freedom Day 2007 focused on the theme of journalists' safety, and the participants adopted the Medellin Declaration on Securing the Safety of Journalists and Combating Impunity. In March 2008, the Intergovernmental Council of the International Programme for the Development of Communication (IPDC) adopted a decision on the safety of journalists and the issue of impunity, which gave IPDC a central role in monitoring the follow-up to killings condemned by the Director-General of UNESCO. The latest report by the Director-General to the Intergovernmental Council of IPDC, on the safety of journalists and the danger of impunity, was published in March 2010.
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- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Violence
- Personas afectadas
- Activists
- Año
- 2010
Párrafo
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79k
- Paragraph text
- [The Special Rapporteur proposes the following principles for determining the conditions that must be satisfied in order for a limitation or restriction on freedom of expression to be permissible:] Any restriction or limitation must be consistent with other rights recognized in the Covenant and in other international human rights instruments, as well as with the fundamental principles of universality, interdependence, equality and non-discrimination as to race, colour, sex, language, religion, political or other belief, national or social origin, property, birth or any other status;
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- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2010
Párrafo
Protection of journalists and press freedom 2010, para. 73
- Paragraph text
- On 15 July 2009, the Special Rapporteur, together with the Special Rapporteur on the situation of human rights defenders, sent an urgent appeal to the Government of Azerbaijan concerning a youth activist and a prominent video-blogger who, on 8 July 2009, together with a colleague, was physically assaulted by two men in civilian clothing while having lunch in a restaurant. Both reported the attack to the police and, as a result, they were interrogated for several hours and subsequently arrested. The following day, a preliminary hearing was held in their case, and the video-blogger and his colleague were charged with hooliganism under article 221 of the criminal code of Azerbaijan and remanded to two months pre-trial detention pending further investigation of the case. The hearing in their case was held in closed session. The assailants were present at their hearing only as witnesses, and remained free at the time the communication was sent.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personas afectadas
- Activists
- Youth
- Año
- 2010
Párrafo
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 38
- Paragraph text
- Accordingly, the Special Rapporteur considers that, in order to achieve the Millennium Development Goals, the right of access to electronic communications and freedom of opinion and expression in general must be guaranteed. It is therefore necessary to reduce the digital divide and the gap in technological progress between developed and developing nations, in line with the recommendations contained in the Millennium Declaration (General Assembly resolution 55/2, para. 20). In particular, target 5 of goal 8 states: "in cooperation with the private sector, make available the benefits of new technologies, especially information and communications".
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2010
Párrafo
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 56
- Paragraph text
- Freedom of opinion and expression and access to communication are tools that can contribute to the eradication of poverty. By exercising this right, poor social groups can obtain information, assert their rights and participate in the public debate concerning social and political changes that would improve their situation. Access to communication is also fundamental to economic and social development because it enables communities to obtain the information they need to run their own activities. Governments should therefore ensure access to communication, in general, and to electronic means of communications, in particular, in order to combat poverty.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Poverty
- Personas afectadas
- All
- Año
- 2010
Párrafo
Protection of journalists and press freedom 2010, para. 79
- Paragraph text
- The Special Rapporteur is alarmed and concerned that the number of journalists and media personnel killed in 2009 was the highest since 1992, and that 81 per cent of those killings were deliberate and targeted. While the risk of armed conflict increases the risk to the lives of journalists and other media professionals, more journalists were killed in non-conflict situations, mostly for reporting on organized crime or drug trafficking, environmental matters or human rights violations and corruption, or for voicing criticism of Government or the powerful.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Humanitarian
- Violence
- Personas afectadas
- Activists
- Año
- 2010
Párrafo
Protection of journalists and press freedom 2010, para. 95
- Paragraph text
- In addition, the Special Rapporteur encourages journalists and citizen journalists to be aware of the dangers involved before entering a conflict or disaster zone and to receive appropriate training, including knowledge of first aid and munitions. In this regard, the Special Rapporteur notes that a number of media organizations have formulated guidelines for journalists so that they can be better prepared for assignments in a war zone. Such guidelines include the International News Safety Institute safety code, the Charter for the Safety of Journalists Working in War Zones or Dangerous Areas, developed by Reporters without Borders, and the Journalist Safety Guide of CPJ.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Humanitarian
- Personas afectadas
- Activists
- Año
- 2010
Párrafo
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79h (iii)
- Paragraph text
- [The Special Rapporteur proposes the following principles for determining the conditions that must be satisfied in order for a limitation or restriction on freedom of expression to be permissible:] Certain very specific limitations are legitimate if they are necessary in order for the State to fulfil an obligation to prohibit certain expressions on the grounds that they cause serious injury to the human rights of others. These include the following: Article 4 (a) of the International Convention on the Elimination of All Forms of Racial Discrimination, which establishes the requirement to "declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin";
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- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
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- Equality & Inclusion
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- All
- Año
- 2010
Párrafo
Protection of journalists and media freedom 2012, para. 79
- Paragraph text
- Indeed, the Special Rapporteur remains concerned at the continuing existence and use of criminal laws against journalists and members of the media, which are often used by authorities to suppress "inconvenient" information and to prevent journalists from reporting on similar matters in the future. Consequently, there is a chilling effect which stifles reporting on issues of public interest. Charges such as treason, subversion and acting against national interests continue to be brought against journalists worldwide, as well as allegations of terrorism and criminal defamation for reporting false news or engaging in ethnic or religious insult.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Personas afectadas
- Activists
- Año
- 2012
Párrafo
Protection of journalists and media freedom 2012, para. 90
- Paragraph text
- The Special Rapporteur emphasizes the importance of journalists' right to access information, which is part of the right to seek and receive information under articles 19 of the Universal Declaration on Human Rights and the International Covenant on Civil and political Rights, respectively. He would like to stress that Governments should classify only those data which are proven to harm national security and other vital interests of the State. Moreover, there should be clear classification criteria and register of classified information, which is both established by law and accessible to everyone. Further, classified data should be subject to regular review and declassified if confidentiality is no longer necessary.
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- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Año
- 2012
Párrafo
Protection of journalists and media freedom 2012, para. 81
- Paragraph text
- The Special Rapporteur reiterates that any restriction to the right to freedom of expression must satisfy the three-part test stipulated in article 19, paragraph 3, of the Covenant: (i) the restriction imposed must be provided by law, which is clear and accessible to everyone; (ii) it must be proven as necessary and legitimate to protect the rights or reputation of others; national security or public order, public health or morals; and (iii) it must be proven as the least restrictive and proportionate means to achieve the purported aim.
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- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
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- All
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- 2012
Párrafo
Protection of journalists and media freedom 2012, para. 111
- Paragraph text
- The Special Rapporteur recommends that civil society organizations work to raise awareness of the risks faced by journalists, the international standards which exist to protect them, and how these might be implemented through campaigns and training initiatives; that civil society organizations, including journalists, make efforts to ensure that global standards of professional conduct are met in order to enhance the credibility and protection of journalists; and that they coordinate with one another and with the United Nations in order to ensure that their work is complementary.
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- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Activists
- Año
- 2012
Párrafo
Protection of journalists and media freedom 2012, para. 54
- Paragraph text
- An attack against a journalist is not only a violation of his or her right to impart information, but also undermines the right of individuals and society at large to seek and receive information, both of which are guaranteed under articles 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights respectively. Indeed, without respect for freedom of expression, and in particular freedom of the press, an informed, active and engaged citizenry is impossible. An attack against a journalist is therefore an attack against the principles of transparency and accountability, as well as the right to hold opinions and to participate in public debates, which are essential for democracy.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
Párrafo
The right to access information 2013, para. 75
- Paragraph text
- While reviewing multiple experiences that promote the right to access information, experts have developed some core principles to guide the design and implementation of relevant laws and practices. The same principles had been endorsed and presented to the Commission on Human Rights by the Special Rapporteur on the right to freedom of opinion and expression in 2000 and were further reflected in other declarations prepared by international mechanisms for promoting freedom of expression. The Special Rapporteur considers that these principles continue to represent a crucial tool for translating into practice the various human rights obligations concerning the right to information.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
The right to access information 2013, para. 83
- Paragraph text
- The inclusion of vaguely defined or inappropriate exceptions in national laws on access to information is also a common obstacle that seriously compromises the impact of the instruments. Inappropriate exceptions include, for example, reference to the protection of good relations with other States and intergovernmental organizations. As mentioned above, the widespread and unspecified use of national security concerns as a reason for the denial of access to information is another common occurrence. Some laws explicitly exclude some public bodies from the ambit of national norms, preventing consideration of whether information pertaining to those bodies should be disclosed at all.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
The right to access information 2013, para. 63
- Paragraph text
- The Special Rapporteur understands that legitimate national security interests can be protected fully only through the respect of all human rights, including the right to freedom of expression. The most secure nations are those that pay greater attention to their human rights obligations. The importance of respecting all human rights and fundamental freedoms in responses to terrorism, for example, is widely recognized by States (see Commission on Human Rights resolution 2005/80). Promoting access to information, besides being an obligation, is a basic requirement for the rapid identification of malpractice and for the consequent enhancement of the work of all public bodies, including those working in the promotion of national security.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
The right to access information 2013, para. 70
- Paragraph text
- Over the past 20 years, numerous national norms have been adopted with the aim of promoting the right to access information. It is currently estimated that more than 50 national constitutions guarantee a right to information or of access to documents, or impose an obligation on State institutions to make information available to the public. More than 90 countries have adopted national laws establishing the right to request information and procedures for the public to obtain government-held information, thus responding to their human rights obligations.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
The right to access information 2013, para. 42
- Paragraph text
- The Inter-American Court has developed extensive jurisprudence regarding the various aspects of the right to know and to seek and receive information in the context of human rights violations. The Court has consistently recognized victims' and/or their families' rights to access information regarding violations suffered. In its findings, the Court has often associated the right to seek and receive information with basic human rights and State obligations, such as the obligation of the State to protect and ensure human rights, and the right to judicial protection and a fair trial and/or due diligence guarantees.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Families
- Año
- 2013
Párrafo
The right to access information 2013, para. 57
- Paragraph text
- The recurrent use of national security concerns as a justification for the denial of access to various types of information predicates a need to study carefully the promotion of confidentiality on such grounds. Widespread secrecy justified on national security grounds is particularly problematic in the context of investigations of human rights violations because it may represent one of the main obstacles to the clarification of responsibilities and consequences of serious violations, ultimately becoming a barrier to the promotion of justice and reparation.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
The right to access information 2013, para. 107
- Paragraph text
- Government officials who release confidential information concerning violations of the law, wrongdoing by public bodies, grave cases of corruption, a serious threat to health, safety or the environment, or a violation of human rights or humanitarian law (i.e. whistle-blowers) should, if they act in good faith, be protected against legal, administrative or employment-related sanctions. Other individuals, including journalists, other media personnel and civil society representatives, who receive, possess or disseminate classified information because they believe that it is in the public interest, should not be subject to liability unless they place persons in an imminent situation of serious harm.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
- Health
- Humanitarian
- Año
- 2013
Párrafo
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 16
- Paragraph text
- Changes in technology have been paralleled by changes in attitudes towards communications surveillance. When the practice of official wiretapping first commenced in the United States of America, it was conducted on a restricted basis, and was only reluctantly sanctioned by the courts. It was viewed as such a serious threat to the right to privacy that its use had to be restricted to detecting and prosecuting the most serious crimes. Over time, however, States have expanded their powers to conduct surveillance, lowering the threshold and increasing the justifications for such surveillance.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
The right to access information 2013, para. 85
- Paragraph text
- The review of national experiences also demonstrates important positive elements in existing laws and practices. It is clear that provisions establishing objective procedural guarantees which detail the processes required to request and obtain information, in addition to the responsibilities of public bodies in these processes, are a central element for the successful implementation of national norms. The establishment of a broad scope for the right to access to information in national laws is central to the success of the norms. The inclusion of pragmatic instructions among principles, such as that of ensuring that access is rapid, inexpensive and not unduly burdensome, is also positive.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
The right to access information 2013, para. 58
- Paragraph text
- Although national security is a legitimate State concern, one of the main challenges faced when information is classified on national security grounds has frequently been the lack of transparency of the process as a whole. In cases of human rights violations, the situation may occur whereby those who decide to classify such information could belong or be linked to the entities allegedly responsible for the violations. The persistent denial of information on human rights violations potentially involving national security bodies often weakens public trust in these institutions, ultimately reversing the alleged justification for secrecy.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
The right to access information 2013, para. 19
- Paragraph text
- The right to access information has many aspects. It encompasses both the general right of the public to have access to information of public interest from a variety of sources and the right of the media to access information, in addition to the right of individuals to request and receive information of public interest and information concerning themselves that may affect their individual rights. As noted previously, the right to freedom of opinion and expression is an enabler of other rights (A/HRC/17/27, para. 22) and access to information is often essential for individuals seeking to give effect to other rights.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
The right to access information 2013, para. 76i
- Paragraph text
- [The core principles include:] Protection for individuals who disclose relevant information (whistle-blowers). National laws on the right to information should provide protection from liability for officials who, in good faith, disclose information pursuant to right to information legislation. Individuals should be protected from any legal, administrative or employment-related sanctions for releasing information on wrongdoing, including the commission of a criminal offence or the failure to comply with a legal obligation. Special protection should be provided for those who release information concerning human rights violations.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 14
- Paragraph text
- As information and communication technologies evolved, so did the means by which States sought to monitor private communications. With increased use of telephones came the use of wiretapping, which consists of placing a tap on a telephone wire to listen to private phone conversations. With the replacement of analogue telephone networks with fibre optics and digital switches in the 1990s, States redesigned the networking technology to include interception capabilities ("backdoors") to permit State surveillance, rendering modern telephone networks remotely accessible and controllable.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 43
- Paragraph text
- Instances of access to communications data by States are growing rapidly. In the three years that Google has been reporting the numbers of requests for communications data it receives, such requests have almost doubled, from 12,539 in the last six months of 2009, to 21,389 in the last six months of 2012. In the United Kingdom, where law enforcement authorities are empowered to self-authorize their own requests for communications information, approximately 500,000 such requests were reported every year. In the Republic of Korea, a country of nearly 50 million people, there are approximately 37 million requests for communications data reported every year.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 51
- Paragraph text
- Inadequate legal standards increase the risk of individuals being exposed to violation of their human rights, including the right to privacy and the right to freedom of expression. They also have an adverse impact on certain groups of individuals - for example, members of certain political parties, trade unionists or national, ethnic and linguistic minorities - who may be more vulnerable to State communications surveillance. Without strong legal protections in place, journalists, human rights defenders and political activists risk being subjected to arbitrary surveillance activities.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Personas afectadas
- Activists
- Ethnic minorities
- Año
- 2013
Párrafo
The right of the child to freedom of expression 2014, para. 27
- Paragraph text
- In accordance with article 12, States parties are obliged to recognize that right in their legal system, to adopt appropriate mechanisms to facilitate the active involvement of children in all actions and decision-making processes affecting them and to fulfil the obligation to give due weight to those views once expressed. The Committee on the Rights of the Child has noted that, while appearing to listen to children is relatively unchallenging, giving due weight to their views requires real change. According to the Committee, listening to children should not be seen as an end in itself, but rather as a means by which States make their interactions with children and their actions on behalf of children ever more sensitive to the implementation of children's rights (see CRC/GC/2003/5).
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Children
- Año
- 2014
Párrafo
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 66
- Paragraph text
- In delivering services to their users, communications service providers give subscribers' devices or network an Internet Protocol (IP) address that changes periodically. Information about an IP address can be used to ascertain the identity and location of an individual and track their online activity. Mandatory data retention laws force communications service providers to keep records of their IP address allocations for a certain period of time, allowing the State greater ability to require communications service providers to identify an individual on the basis of who had a given IP address at a particular date and time. Some States are also now seeking to compel third party service providers to collect and retain information that they would not normally collect.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 74
- Paragraph text
- In developing and deploying new technologies and communications tools in specific ways, corporate actors have also voluntarily taken measures that facilitate State surveillance of communications. In its simplest manifestation, this collaboration has taken the form of decisions on how corporate actors collect and process information, which allows them to become massive repositories of personal information that are then accessible to States upon demand. Corporate actors have adopted specifications that enable State access or intrusion, collect excessive and revelatory information, or restrict the application of encryption and other techniques that could limit access to information by both the companies and governments. The private sector has also often failed to deploy privacy-enhancing technologies, or has implemented them less than secure ways that do not represent the state of the art.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 82
- Paragraph text
- Individuals should have a legal right to be notified that they have been subjected to communications surveillance or that their communications data has been accessed by the State. Recognizing that advance or concurrent notification might jeopardize the effectiveness of the surveillance, individuals should nevertheless be notified once surveillance has been completed and have the possibility to seek redress in respect of the use of communications surveillance measures in their aftermath.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2013
Párrafo
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 40
- Paragraph text
- Another tool used regularly by States today is social media monitoring. States have the capacity physically to monitor activities on social networking sites, blogs and media outlets to map connections and relationships, opinions and associations, and even locations. States can also apply highly sophisticated data mining technologies to publicly available information or to communications data provided by third party service providers. At a more basic level, States have also acquired technical means to obtain usernames and passwords from social networking sites such as Facebook.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Año
- 2013
Párrafo
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 71
- Paragraph text
- The security and anonymity of communications are also undermined by laws that limit the use of privacy-enhancing tools that can be used to protect communications, such as encryption. Many States have now adopted laws that mandate an individual enable decryption when so ordered. The South African Regulation of Interception of Communications and Provisions of Communication-Related Information Act of 2002 requires decryption assistance from any person who possesses the decryption key. Similar laws exist in Finland (Section 4(4)(a) Coercive Measures Act 1987/450), Belgium (Art. 9, Law on computer crime of 28 November 2000), and Australia (Sections 12 and 28 Cybercrime Act 2001).
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 79
- Paragraph text
- States cannot ensure that individuals are able to freely seek and receive information or express themselves without respecting, protecting and promoting their right to privacy. Privacy and freedom of expression are interlinked and mutually dependent; an infringement upon one can be both the cause and consequence of an infringement upon the other. Without adequate legislation and legal standards to ensure the privacy, security and anonymity of communications, journalists, human rights defenders and whistleblowers, for example, cannot be assured that their communications will not be subject to States' scrutiny.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Activists
- Año
- 2013
Párrafo
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 64
- Paragraph text
- In response to the increased data flows across borders and the fact the majority of communications are stored with foreign third party service providers, a number of States have begun to adopt laws that purport to authorize them to conduct extra-territorial surveillance or to intercept communications in foreign jurisdictions. This raises serious concern with regard to the extra-territorial commission of human rights violations and the inability of individuals to know that they might be subject to foreign surveillance, challenge decisions with respect to foreign surveillance, or seek remedies. In South Africa, for example, the General Intelligence Laws Amendment Bill allows for surveillance of foreign communications outside of South Africa or passing through South Africa. In October 2012, the Dutch Ministry of Justice and Security proposed legislative amendments to the Dutch Parliament that would allow the police to break into computers and mobile phones both within the Netherlands and abroad in order to install spyware and search and destroy data. In December 2012, Pakistan's National Assembly passed the Fair Trial Act of 2012, paragraph 31 of which provides for the execution of surveillance warrants in foreign jurisdictions. Later that month, the United States renewed the Foreign Intelligence Surveillance Amendment Act of 2008 extending the Government's power to conduct surveillance of non-American persons locate outside the United States (§1881a), including any foreign individual whose communications are hosted by cloud services located in the United States (such as Google and other large Internet companies). Also in 2012, the European Telecommunications Standards Institute created draft standards for interception of foreign cloud-based services by European Governments. These developments suggest an alarming trend towards the extension of surveillance powers beyond territorial borders, increasing the risk of cooperative agreements between State law enforcement and security agencies to enable the evasion of domestic legal restrictions.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
The right to freedom of opinion and expression in electoral contexts 2014, para. 14
- Paragraph text
- States must take measures to eliminate the structural, legal and practical barriers to the enjoyment of the right to freedom of expression. At a fundamental, structural level, economic power enables political influence to be concentrated in, and exercised by, small segments of society, thereby undermining the democratic ideal. Those who own and finance media organizations and outlets are often able to use their economic power and influence to enhance the visibility of certain political candidates or groups, and impede the communication and expression of others. This is particularly the case where national legislative frameworks do not sufficiently provide for free, direct access by political candidates to publicly or privately owned media outlets for campaigning purposes. Even when such provisions are in place, many media organizations are able to use the unequal provision of air time, partisan editorial commentary, or the facilitation of paid political advertising to promote one political candidate or group over another. The situation is exacerbated when media ownership is obscured by complex corporate structures and there is no public transparency as to the corporate and private interests entwined with media coverage. Especially in circumstances in which a State's media ownership is concentrated in only a handful of corporate entities, this can threaten the ability of all political entities to freely and effectively express their positions and platforms, and impede individuals from receiving information about their electoral choices on an equal and impartial basis.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
Párrafo
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 54
- Paragraph text
- Whereas traditionally communications surveillance was required to be authorized by the judiciary, increasingly this requirement is being weakened or removed. In some countries, interception of communications can be authorized by a governmental minister, their delegate, or a committee. In the United Kingdom, for example, interception of communications is authorized by the Secretary of State; in Zimbabwe, interception of communications is authorized by the Minister for Transport and Communication. Progressively, communications surveillance can also be authorized on a broad and indiscriminate basis, without the need for law enforcement authorities to establish the factual basis for the surveillance on a case-by-case basis.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 67
- Paragraph text
- National data retention laws are invasive and costly, and threaten the rights to privacy and free expression. By compelling communications service providers to create large databases of information about who communicates with whom via a telephone or the Internet, the duration of the exchange, and the users' location, and to keep such information (sometimes for years), mandatory data retention laws greatly increase the scope of State surveillance, and thus the scope for infringements upon human rights. Databases of communications data become vulnerable to theft, fraud and accidental disclosure.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
The right to freedom of opinion and expression in electoral contexts 2014, para. 12
- Paragraph text
- Common and continuing challenges to the promotion and protection of freedom of expression that persist in all aspects of society - censorship, violence against journalists, speech that incites hatred, discrimination and political violence - increase in both frequency and severity during electoral processes. Ensuring an open public debate where all the main stakeholders in an electoral process - namely, the voters, the political leaders and groups, and the media - can freely share information and opinions is a permanent challenge for democratic societies. In some cases, inadequate regulation of communications can unduly restrict the freedom of the media or of political actors. In other situations, the political debate is dominated by powerful political and economic groups that take advantage of poorly regulated and enforced legal frameworks.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2014
Párrafo
The right to freedom of opinion and expression in electoral contexts 2014, para. 55
- Paragraph text
- The ability of a political party to generate funds to support the various costs related to political communication and campaigning is an additional determining factor as to whether a party is able to participate fully in elections, and is thus a central pillar of ensuring plurality in political and electoral processes. A political party may be indirectly prevented from participating fully in an election if it is unable to raise financing from diverse sources. Poorly regulated political finance has the potential to undermine the integrity of elections by enabling individuals or groups to exert undue influence on political candidates or parties, and may facilitate vote buying or bribery. Equally, restrictions that limit the ways in which a political party may disburse funds raised may also impede full and free participation in political and electoral processes, while unlimited political spending benefits wealthier candidates and parties and undermines political equality.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
Párrafo
The right to freedom of opinion and expression in electoral contexts 2014, para. 15
- Paragraph text
- Freedom of opinion and expression in electoral processes is also threatened when economic power is exerted over the political process through campaign financing and paid political advertising. Wealthy societal segments and corporate interest lobbies can directly exert political influence through exploiting unregulated political finance structures, and opportunities for paid political advertising. In many States neither the donor nor the recipient is required publicly to disclose financial contributions. Wealthy groups and candidates are also disproportionately advantaged when there are no restrictions in place as to how political campaigns can use and disburse campaign funds.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2014
Párrafo
The right to freedom of opinion and expression in electoral contexts 2014, para. 23
- Paragraph text
- Accordingly, all political parties and candidates should have access to the media in a fair and impartial way. As articulated in the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the Conference on Security and Cooperation in Europe (CSCE), States must "ensure that the will of the people serves as the basis of the authority of government" by, inter alia, ensuring "that no legal or administrative obstacle stands in the way of unimpeded access to the media on a non-discriminatory basis for all political groupings and individuals wishing to participate in the electoral process".
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
Párrafo
The right to freedom of opinion and expression in electoral contexts 2014, para. 37
- Paragraph text
- Attacks on journalists, activists and political candidates and groups also occur in the context of measures to limit the enjoyment of the freedoms to associate and assemble during electoral processes. The prohibition of protests and demonstrations and the harassment and intimidation of demonstrators during electoral processes remain common means of impeding the free expression of political ideas and the free conduct of public political debate. Such restrictions may take the form of harsh penalties for protesters who fail to comply with articulated requirements. In some countries, suppression of the right to peacefully assemble in the lead-up to elections takes the form of arbitrary arrest of demonstrators. Such actions deter the exercise of free expression and assembly by activists, opposition supporters and civil society groups. Requirements that protests receive prior State approval can also impede the free exercise of rights by creating the conditions for bribery and manipulation.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Activists
- Año
- 2014
Párrafo
The right to freedom of opinion and expression in electoral contexts 2014, para. 43
- Paragraph text
- A pluralistic electoral process is also undermined by the unregulated financing of, and spending by, political campaigns. As the Global Commission on Elections, Democracy and Security (a joint initiative by the Kofi Annan Foundation and the International Institute for Democracy and Electoral Assistance) recognized in 2012, "uncontrolled political finance threatens to hollow out democracy and rob it of its unique strengths". In many countries, the absence of regulations controlling campaign financing and spending creates the conditions for wealthy individuals and groups to exert influence and power over political candidates and groups, and provides an unequal advantage to wealthy political participants. Furthermore, groups of organized criminals are able to exploit unregulated and unenforced political financing regimes to buy political influence and even protection.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
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The right to freedom of opinion and expression in electoral contexts 2014, para. 65
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- Political finance is a key concern when protecting and promoting the freedom of opinion and expression in electoral and political processes are being considered. Restraining campaign spending and creating an equal playing field for political parties and candidates are key to ensuring that citizens have access to a diverse range of opinions and political choices. At the same time, the provision of financial support to a political party may in itself be an act of political expression. A careful balance must therefore be struck by each State, reflecting local political values and legal frameworks, while at the same time conforming with international human rights norms. This would require, at a minimum, that States ensure that there is independent monitoring and oversight of political financing, and that every effort is made to ensure that organized crime is prohibited from using campaign financing as a means to gain political influence.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2014
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The protection of sources and whistle-blowers 2015, para. 48
- Paragraph text
- To satisfy the principle of proportionality, the relevant institution should also be prepared to show that the harm to the specific legitimate national security interest outweighs the public interest in disclosure. The Tshwane Principles propose that public disclosure should be protected where the internal or oversight mechanism would be ineffective, futile or lack timeliness in the face of a serious threat. Furthermore, reflecting a point of general applicability, the whistle-blower should disclose only the "amount of information that was reasonably necessary to bring to light the wrongdoing" and do so on the reasonable belief that the public interest in disclosure outweighed any harm to any specific and legitimate national security interest. Any disclosures that meet those tests should merit full protection. Those principles should be available to whistle-blowers whether they are claiming protection or defending themselves against investigation or prosecution.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2015
Párrafo
The right to freedom of opinion and expression in electoral contexts 2014, para. 66
- Paragraph text
- An essential area of transparency during electoral processes relates to the ownership of, and influence exerted over, the media. The increasing consolidation of media outlets in the hands of fewer and fewer companies is of serious concern in the context of political communication. Given the critical public service role played by the media, this monopolization undermines diversity of opinion, raises the risk that information will be controlled or censored, and creates opportunities for bribery, manipulation or exploitation by powerful political or social groups. Furthermore, with increasing frequency, national media sources are, in part or in full, foreign owned. While foreign ownership of media outlets does not in itself undermine the ability of media sources to promote freedom of opinion and expression, it obfuscates the influence structures and may create mistrust in the voting public.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
Párrafo
The protection of sources and whistle-blowers 2015, para. 41
- Paragraph text
- Without protection against retaliation and the possibility of redress, few would disclose wrongdoing. Protection should be detailed explicitly in law, providing whistle-blowers and others with clarity about the nature of the protection that they may seek. In particular, whistle-blowers must be protected against coercion or harassment of themselves or their families, discrimination, physical harm to a person or property, threats of retaliation, job loss, suspension or demotion, transfer or other hardship, disciplinary penalty, blacklisting or prosecution on grounds of breach of secrecy laws, libel or defamation. In the event of investigation or prosecution, whistle-blowers should be permitted to raise all of the principles identified above in their defence, especially that the disclosure was to protect a specified public interest that outweighed harm to a governmental interest. Whistle-blower laws should provide a mechanism to redress wrongdoing and prohibit those forms of retaliation, among others.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Families
- Año
- 2015
Párrafo
The protection of sources and whistle-blowers 2015, para. 49
- Paragraph text
- The question posed most sharply in the national security area is whether, when individuals assess the balance between public interest disclosure and national security harm, they should lose the protection they would otherwise enjoy if their assessment differs from that of the Government, as is likely. Criminal or civil penalties may advance the Government's interest in concealing certain information, but they do so at a steep cost to the public interest in ensuring that whistle-blowers do come forward to disclose instances of wrongdoing or other information that it is in the public's interest to know.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2015
Párrafo
The protection of sources and whistle-blowers 2015, para. 27
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- At least 60 States have adopted some form of whistle-blower protection as a part of their national laws. The United Nations Convention against Corruption protects persons who report corruption offences; the Council of Europe has recommended broad whistle-blower protections; and the Organization of American States has adopted a model law on the protection of whistle-blowers. International organizations have adopted protections that, to some extent, mirror national practice. The following principles draw on international law, State practice and a range of civil society projects; they are not exhaustive of the legal, policy and drafting issues in framing whistle-blower protections.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
The protection of sources and whistle-blowers 2015, para. 61
- Paragraph text
- National legal frameworks must protect the confidentiality of sources of journalists and of others who may engage in the dissemination of information of public interest. Laws guaranteeing confidentiality must reach beyond professional journalists, including those who may be performing a vital role in providing wide access to information of public interest such as bloggers, "citizen journalists", members of non-governmental organizations, authors and academics, all of whom may conduct research and disclose information in the public interest. Protection should be based on function, not on a formal title.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Activists
- Año
- 2015
Párrafo
The protection of sources and whistle-blowers 2015, para. 69
- Paragraph text
- All the above recommendations to States apply to the United Nations and other international organizations. In addition, the United Nations and international organizations should adopt effective norms and policies of transparency to enable the public to have greater access to information. Specific norms protecting whistle-blowers should follow similar criteria to those provided in the recommendations to States: wide scope of application, promotion of disclosure of information in the public interest and clarity in the mechanisms for reporting and requesting protection. Particular attention must be paid to the effectiveness and independence of existing reporting and justice mechanisms, given the lack of access of whistle-blowers to any other formal justice system.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2015
Párrafo
The protection of sources and whistle-blowers 2015, para. 54
- Paragraph text
- First, whistle-blower definitions should apply broadly to encourage all disclosures of wrongdoing that implicate the interests of the organization and all stakeholders, including Governments and civil society. As it stands, many organizations' protections apply to reports of staff failures to comply with obligations, rather than applying to the full range of wrongdoing of which a person may gain knowledge. A public interest standard for reporting would cover a wider scope of wrongdoing to which the United Nations and its staff become privy. Policies should also protect all whistle-blowers from retaliation, not just staff members but others who may be associated with the organization.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
The protection of sources and whistle-blowers 2015, para. 36
- Paragraph text
- Whistle-blowers may reasonably perceive that neither internal nor oversight mechanisms provide effective protection or a likelihood of addressing wrongdoing. They may leave whistle-blowers exposed to retaliation and the absence of redress even if the formal legal framework and the mechanisms appear sufficiently protective. Whistle-blowers often reasonably doubt that such protections will work for them; the more a State can demonstrate that whistle-blowing results in changed institutional behaviour, individual accountability and protection, the more likely it is that whistle-blowers will not go public. When a Government seeks to prosecute or otherwise penalize a publicly disclosing whistle-blower, the burden should be on the State to show that the whistle-blower's perceptions of non-protection or non-redress were unreasonable.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2015
Párrafo
The protection of sources and whistle-blowers 2015, para. 42
- Paragraph text
- Impunity for reprisals sends a message to all potential whistle-blowers that the institution lacks commitment to their protection, while serious and effective penalties are necessary to overcome the structural and cultural protection of secrecy. Whistle-blower laws should therefore include specific rules that make clear the penalties that those who commit reprisals will face, including civil or criminal repercussions for officials in leadership positions. Zambian law, for example, provides for substantial penalties (fines and imprisonment) against "a person who takes any detrimental action that is in reprisal for a person who makes a protected disclosure".
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 2015
Párrafo
The protection of sources and whistle-blowers 2015, para. 50
- Paragraph text
- Where States nonetheless pursue criminal or civil penalties against whistle-blowers, limiting the spillover risk of deterring whistle-blowing should involve three critical protections. First, in any such action, States should bear the burden of proving that the harm to a legitimate national security interest outweighed the public interest in disclosure. Second, States should provide defendants with the basic tools of defence, including access to the information necessary for a defence, relaxation of secrecy laws in the context of closed court sessions if necessary and the ability to make a genuine case that disclosure's benefit outweighed the asserted harm. Lastly, in the event of a conviction or penalty, sentences or fines must be proportionate to the underlying act, including taking into account the extent to which the whistle-blower's disclosure advanced the public interest, even if a court found the harm to national security to outweigh the value of disclosure.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 32
- Paragraph text
- First, for a restriction on encryption or anonymity to be "provided for by law", it must be precise, public and transparent, and avoid providing State authorities with unbounded discretion to apply the limitation (see Human Rights Committee, general comment No. 34 (2011)). Proposals to impose restrictions on encryption or anonymity should be subject to public comment and only be adopted, if at all, according to regular legislative process. Strong procedural and judicial safeguards should also be applied to guarantee the due process rights of any individual whose use of encryption or anonymity is subject to restriction. In particular, a court, tribunal or other independent adjudicatory body must supervise the application of the restriction.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2015
Párrafo
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 47
- Paragraph text
- Anonymity has been recognized for the important role it plays in safeguarding and advancing privacy, free expression, political accountability, public participation and debate. The Universal Declaration and the International Covenant on Civil and Political Rights do not address anonymity. During negotiation of the Covenant, it was proposed to include in article 19 (1) the phrase, "anonymity is not permitted". However, this was rejected "on the grounds, among others, that anonymity might at times be necessary to protect the author" and "that such a clause might prevent the use of pen names". The Special Rapporteur on Freedom of Expression of the Inter-American Commission on Human Rights found that "the right to freedom of thought and expression and the right to private life protect anonymous speech from government restrictions". Several States enjoy long traditions of celebrating anonymity in their political cultures, but very few provide general protection in law for anonymous expression. Some States exert significant pressure against anonymity, offline and online. Yet because anonymity facilitates opinion and expression in significant ways online, States should protect it and generally not restrict the technologies that provide it. Several States' judiciaries have protected anonymity, at least in limited instances. For instance, the Supreme Court of Canada recently struck down the warrantless acquisition of anonymous user identity online. The Constitutional Court of the Republic of Korea struck down anti-anonymity laws as unconstitutional. The Supreme Court of the United States has consistently protected the right to anonymous expression. The European Court of Human Rights has recognized anonymity as important to the freedom of expression but permits limitations in cases where necessary to achieve legitimate objectives.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2015
Párrafo