A/71/282 2. Philanthropic organizations 55. Increasingly, philanthropic foundations are investing in global nutrition initiatives. While donations are difficult to track, such private institutions are generally larger than many Governments and have the ability to influence nutrition policies without the concomitant obligations to ensure re spect for human rights. 45 Recognizing the financial constraints faced by many countries, it is imperative to establish a monitoring and accountability system to ensure that private foundations operate within the human rights system, rather than fulfilling t his responsibility on a voluntary basis. 56. The Global Alliance for Improved Nutrition is one of the leading private networks focusing on malnutrition reduction, mainly through fortification, supported largely by the Bill and Melinda Gates Foundation. Sev eral allegations of conflict of interest have been made against the Alliance. In particular, organizations working to address infant malnutrition questioned whether its work was motivated primarily by efforts to open new markets for its members. An effecti ve, independent evaluation mechanism is needed for balancing private sector involvement in nutrition policies. IV. Human rights approach and State responsibility A. Normative foundation of human rights 57. 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”. 58. The clear inclusion of a nutrition dimension to the right to food confirms the latter’s interconnection with the right to health. In fact, nutrition is considered as the vital link between the right to health and the right to food and ensures that the human rights framework promotes both rights. 46 In its general comment No. 14, the Committee on Economic, Cultural and Social Rights affirmed that the right t o health placed a core obligation on States to “ensure access to the minimum essential food which is nutritionally adequate and safe, to ensure freedom from hunger to everyone”. This implies that if nutritious food is not readily available, accessible or __________________ 45 46 16-13441 David McCoy, Sudeep Chand and Devi Sridhar, “Global health funding: how much, where it comes from and where it goes”, Health Policy and Planning, vol. 24, No. 6 (November 2009). Emilie K. Aguirre, “The importance of the right to food for achieving global health”, Global Health Governance, vol. IX, No. 1 (spring/fall 2015). 15/24

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