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Titre | Date ajouter | Modèle | Document | Paragraph text | Organe | Type de document | Thematics | Thèmes | Personnes concernées | Année |
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Human rights criteria for making contract farming and other business models inclusive of small-scale farmers 2011, para. 6 | 19 août 2019 | Paragraph | Contract farming has gained importance in recent years in both developed and developing countries. Buyers see it as a means of strengthening control down the supply chain in order to respond to an increased need for production traceability and food product standardization, as quality and food safety standards have gained in importance and as consumers express concerns about the environmental and social aspects of production. Controlling contracted farmers to prevent extra-contractual marketing or the diversion of inputs received for uses other than crop production under the contract may be costly, but the costs are generally offset by the improved reliability and more consistent quality of supplies compared with products purchased on the open market. Contract farming can minimize firms' risks with respect to changes in supply and demand and allows firms to promote safety standards and other quality requirements. Contracts also enable firms to schedule the delivery of products at optimal times for their business, something that they cannot control when relying on the spot market. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2011 | ||
The transformative potential of the right to food 2014, para. 40 | 19 août 2019 | Paragraph | Such strategies are a key component for the governance of the transition towards sustainable food systems that can contribute to the eradication of hunger and malnutrition. Indeed, regardless of how innovative they may be, local initiatives can only succeed, and be "scaled out" by successful experiments being replicated across large regions, if they are supported, or at least not obstructed, by policies adopted at the national level. Moreover, poor nutritional outcomes are explained by a range of factors, and combating hunger and malnutrition requires taking into account the full set of immediate, underlying and basic causes, at the individual, household and societal level respectively: this calls for a multisectoral approach, involving the full range of relevant ministries. Finally, because food systems are in need of reform, it is not sufficient to protect existing entitlements or to preserve the status quo. Instead, transformative strategies must be adopted, with a view to guaranteeing access to adequate food for all by simultaneously supporting small-scale food producers' ability to produce food sustainably, improving employment opportunities in all sectors and strengthening social protection. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2014 | ||
Right to food and nutrition 2016, para. 91 | 19 août 2019 | Paragraph | Several helpful initiatives exist to assist policymakers in ensuring nutrition accountability. For example, the WHO global database on the implementation of nutrition action set forth national policy actions and strategies to eliminate all forms of malnutrition. Similarly, the International Network for Food and Obesity/ Non Communicable Diseases Research, Monitoring and Action Support (INFORMAS), an international collaboration of universities and global non governmental organizations, seeks to monitor, benchmark and support actions to create healthy food environments and reduce diet-related non-communicable diseases. It uses the healthy food environment policy index to monitor government actions. While currently at the pilot-testing stage, such tools will assist civil society in holding Governments and the food industry to greater account for creating healthier food environments. The Nourishing Framework, created by World Cancer Research Fund International, is an interactive tool to promote healthy diets, allowing a selection and tailoring of policy options for different populations. Finally, WHO regional offices have developed regional nutrient profiling models, which can be used in policymaking to improve the overall nutritional quality of diets. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2016 | ||
Access to justice and the right to food: the way forward 2015, para. 21 | 19 août 2019 | Paragraph | The constitutional jurisprudence of India provides for the justiciability of economic, social and cultural rights based on "the right to life". This constitutional right was central to the case of People's Union for Civil Liberties ("PUCL") v. Union of India. In mid-2001, public food and employment programmes failed to provide food to deprived people in the impoverished and drought-stricken State of Rajasthan. The Supreme Court of India was petitioned by PUCL to compel the Government to respond to the hunger emergency. In response to the submissions, the Supreme Court held that the right to food was enshrined in the Constitution under the right to life provision in article 47, which requires that the State undertake measures to improve the nutritional state of the population. The Court handed down a series of resolutions which commenced in 2001 requiring State governments in India to implement food distribution programmes for the most disadvantaged. The Court's resolution had a considerable impact on the realization of the right to food in India, and provides an example of the influential role played by the judiciary in encouraging a legislative body to develop human rights legislation. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Unhealthy foods, non-communicable diseases and the right to health 2014, para. 31 | 19 août 2019 | Paragraph | As the food industry plays a key role in the global food environment and is recognized as the primary driver of diet-related NCDs, it has a distinct responsibility to take steps to realize the right to health. While many challenges facing the food system, like environmental pressures such as draughts and floods, are out of the control of the food industry, there are several areas where it can make a positive impact on health by investing in and influencing healthier food choices. To this end, the industry should consider adopting standards to improve the nutritional quality of foods through product reformulation and to improve labelling and information on their products to contribute to healthier diets. The food industry should also invest in research to improve the nutritional content of their products rather than investing in increasing the marketability of existing products. Furthermore, supermarkets and fast food restaurants should take steps to market and promote healthier options. For example, in addition to providing calorie content of meals on menu cards, fast food restaurants should adopt appropriate nutrient profiling models that indicate the nutritional composition of the foods available. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2014 | ||
The transformative potential of the right to food 2014, para. 46 | 19 août 2019 | Paragraph | The role of CFS should gain in importance in the future, as we become more aware of the interdependence of efforts at the local, national, regional and global levels, and of the need to accelerate learning. Indeed, just as local-level initiatives cannot succeed without support from national-level right-to-food strategies, efforts at the domestic level require international support to bear fruit. Together with the Special Rapporteur on extreme poverty and human rights, the Special Rapporteur has argued, for instance, for the establishment of a Global Fund for Social Protection, for overcoming financial obstacles and building international solidarity in order to fulfil the right to food and the right to social protection in developing countries, particularly those where vulnerability to covariant risks such as drought and food price volatility are high. The initiative was presented at the thirty-ninth plenary session of CFS in October 2012, and to the Social Protection Inter-Agency Cooperation Board, as well as in various other forums. The proposal was supported by the European Parliament and was among the key recommendations that emerged from global consultations led by the High-level Panel of Eminent Persons on the Post-2015 Development Agenda. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2014 | ||
The transformative potential of the right to food 2014, para. 25 | 19 août 2019 | Paragraph | On the one hand, food systems must be reshaped in order to be more inclusive of small-scale food producers, who have generally been disadvantaged in the past, both as a result of inequitable food chains and because agricultural technologies have not taken into account their specific needs. With this aim in mind, the Special Rapporteur noted the importance of addressing imbalances of power in food chains, in particular by regulating buyer power in situations where dominant positions may be a source of abuse: this has been an entirely forgotten dimension of the reforms that have been promoted since 2008 (A/HRC/9/23, paras. 35-38; and A/HRC/13/33). He also sought to define the conditions under which contract farming - based on long-term agreements between agricultural producers and buyers - could benefit small-scale farmers, suggesting a variety of business models that could usefully be implemented to support the inclusion of small-scale food producers in the food systems (A/66/262) and noting the importance of supporting farmers' organizations. He called for reforming a regime of intellectual property rights on plant varieties that can make commercially bred varieties inaccessible to the poorest farmers in low-income countries (A/64/170). | Special Rapporteur on the right to food | Special Procedures' report |
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| 2014 | ||
The transformative potential of the right to food 2014, para. 1 | 19 août 2019 | Paragraph | The right to food is the right of every individual, alone or in community with others, to have physical and economic access at all times to sufficient, adequate and culturally acceptable food that is produced and consumed sustainably, preserving access to food for future generations. Individuals can secure access to food (a) by earning incomes from employment or self-employment; (b) through social transfers; or (c) by producing their own food, for those who have access to land and other productive resources. Through these channels, which often operate concurrently, each person should have access to a diet that "as a whole contains a mix of nutrients for physical and mental growth, development and maintenance, and physical activity that are in compliance with human physiological needs at all stages throughout the life cycle and according to gender and occupation". Thus, the normative content of the right to food can be summarized by reference to the requirements of availability, accessibility, adequacy and sustainability, all of which must be built into legal entitlements and secured through accountability mechanisms. The Special Rapporteur's country missions have been situated within this analytical framework. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2014 | ||
Acroecology and the right to food 2011, para. 23 | 19 août 2019 | Paragraph | Agroecological approaches can be labour-intensive during their launching period, due to the complexity of the tasks of managing different plants and animals on the farm, and recycling the waste produced. However, research shows that the higher labour-intensity of agroecology is a reality particularly in the short term. In addition, while labour-saving policies have generally been prioritized by governments, creation of employment in rural areas in developing countries, where underemployment is currently massive, and demographic growth remains high, may constitute an advantage rather than a liability and may slow down rural-urban migration. Moreover, the cost of creating jobs in agriculture is often significantly lower than in other sectors: in Brazil, data from INCRA, the agency responsible for land reform, showed that each job generated in a settlement costs the government 3.640 USD, while the cost would be 128 per cent more expensive in industry, 190 per cent more in trade, and 240 per cent more in services. According to peasant organizations, agroecology is also more attractive to farmers, because it procures pleasant features for those working the land for long hours, such as shade from trees or the absence of smell and toxicity from chemicals. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2011 | ||
Human rights criteria for making contract farming and other business models inclusive of small-scale farmers 2011, para. 31 | 19 août 2019 | Paragraph | Contract farming should increasingly seek to promote agroecological forms of production and provide adequate knowledge as well as biological inputs. Contract farming will increase its sustainability if it is based on sustainable, knowledge-intensive modes of production that rely on on-farm fertility generation and pest management rather than on external inputs. Where the contract provides for highly input-intensive modes of production, specific requirements should ensure that the reliance of the producer on external inputs (in particular, improved varieties of seeds and chemical fertilizers) does not lead to a situation of increased dependency for the contracting farmer: (a) when inputs are provided by the buyer, reasonable prices should be charged, never exceeding commercial prices; (b) farmers should be offered the possibility of seeking insurance to protect them from changes in the price of the inputs they are sold; and (c) other forms of support, particularly technical advice, should be prioritized, ensuring that sustainable practices are tested and promoted, including biological control, composting, polycropping or agroforestry. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2011 | ||
Human rights criteria for making contract farming and other business models inclusive of small-scale farmers 2011, para. 27 | 19 août 2019 | Paragraph | To satisfy the first condition above and because small-scale farmers are in a comparatively weaker bargaining position, they should have the opportunity to contribute to the wording of contract provisions, ensuring that the contracts reflect the farmers' needs and that obligations are written in terminology that the farmers will understand. Farmers' organizations may have a key role to play in supporting the negotiation of contracts and in providing advice, and the bargaining position of farmers is strengthened by their being organized in cooperatives that negotiate on behalf of the members. This also lowers the transaction costs for buyers, and may reduce the risk of farmer defaults by providing group lending and improved communication. Once contracts are drafted, farmers must be provided with a copy of the contract. In the case of illiterate parties, the written contract should be reviewed by farmers' representatives, a farmers' organization or a supporting non governmental organization. Copies should also be made available to relevant governmental agencies to ensure appropriate oversight and reduce the risk of abusive clauses. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2011 | ||
The right to adequate food (Art. 11) 1999, para. 17 | 19 août 2019 | Paragraph | Violations of the Covenant occur when a State fails to ensure the satisfaction of, at the very least, the minimum essential level required to be free from hunger. In determining which actions or omissions amount to a violation of the right to food, it is important to distinguish the inability from the unwillingness of a State party to comply. Should a State party argue that resource constraints make it impossible to provide access to food for those who are unable by themselves to secure such access, the State has to demonstrate that every effort has been made to use all the resources at its disposal in an effort to satisfy, as a matter of priority, those minimum obligations. This follows from Article 2.1 of the Covenant, which obliges a State party to take the necessary steps to the maximum of its available resources, as previously pointed out by the Committee in its General Comment No. 3, paragraph 10. A State claiming that it is unable to carry out its obligation for reasons beyond its control therefore has the burden of proving that this is the case and that it has unsuccessfully sought to obtain international support to ensure the availability and accessibility of the necessary food. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 1999 | ||
A world fit for children 2002, para. 37.14 | 19 août 2019 | Paragraph | [To achieve these goals and targets, taking into account the best interests of the child, consistent with national laws, religious and ethical values and cultural backgrounds of the people, and in conformity with all human rights and fundamental freedoms, we will carry out the following strategies and actions:] Support populations and countries suffering from severe food shortages and famine. | United Nations General Assembly | Resolution |
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| 2002 | ||
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 52 | 19 août 2019 | Paragraph | A considerable proportion of States has indicated that they plan to limit or eliminate food subsidies as part of their response to the crises. From a human rights perspective, the decision to limit food subsidies at a time when food prices are escalating drastically and there is still a pressing need for public food and nutrition support is extremely worrying. | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2011 | ||
Unhealthy foods, non-communicable diseases and the right to health 2014, para. 10 | 19 août 2019 | Paragraph | Global food promotion, marketing and advertising are closely linked with globalization, leading to dietary transitions towards unhealthy foods. The aim of food marketing is to increase demand for products by making people develop the habit of consuming the product regularly. Aggressive expansionist strategies pursued by TNCs in emerging economies over the last few decades have increased the visibility and familiarity of global food brands, which are then leveraged to increase consumption of these products. Specific marketing tools are used to increase consumption by ensuring the presence of global food brands in as many places as possible at affordable prices, while expanding the variety of their products to suit local tastes and purchasing capacities. In order to cater to some rural areas and low-income populations, soft drink companies have invested in smaller bottles at lower prices to create acceptability of the product. In other places, portion sizes are increased to encourage greater consumption. At an individual level, increased purchasing power and the convenience of ready-to-eat products promote the consumption of unhealthy foods. At a population level, the aggressive and systematic marketing strategies used by TNCs fuel this demand. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2014 | ||
Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 36 | 19 août 2019 | Paragraph | Globalization and trade liberalization have allowed transnational corporations to gain greater and easier access to otherwise closed markets. Their increasing presence in the world economy has enabled them to influence international and domestic law-making and infringe upon States' policy space. They have influenced food consumption patterns and promoted the use of tobacco, especially in developing countries. They have also affected the rights of large communities with impunity, causing displacement, contamination of groundwater and loss of livelihood. They have directly perpetrated serious human rights violations, in particular in developing and least developed countries. They have thus seriously affected the laws, policies and social and economic environments of States and have violated the economic, social and cultural rights of individuals and communities, including the right to health. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2014 | ||
The right to health and development 2011, para. 19c | 19 août 2019 | Paragraph | [As the Committee on Economic, Social and Cultural Rights has clarified, States have a core minimum obligation to ensure the satisfaction of minimum essential levels of the right to health under the International Covenant on Economic, Social and Cultural Rights (ICESCR), including:] Access to the minimum essential food which is nutritionally adequate and safe; | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
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| 2011 | ||
Effects of pesticides on the right to food 2017, para. 92 | 19 août 2019 | Paragraph | Agroecology, considered by many as the foundation of sustainable agriculture, replaces chemicals with biology. It is the integrative study of the ecology of the entire food system, encompassing ecological, economic and social dimensions. It promotes agricultural practices that are adapted to local environments and stimulate beneficial biological interactions between different plants and species to build long-term fertility and soil health. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2017 | ||
Effects of pesticides on the right to food 2017, para. 65 | 19 août 2019 | Paragraph | Conventions of the International Labour Organization on the protection of agricultural workers also provide some safeguards against dangerous pesticides. For example, article 12 of the Safety and Health in Agriculture Convention, 2001 (No. 184) is dedicated to the sound management of chemicals, while article 13 imposes regulatory obligations with regard to preventive and protective measures for the use of chemicals. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2017 | ||
Effects of pesticides on the right to food 2017, para. 49 | 19 août 2019 | Paragraph | The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights provides individuals with a grievance mechanism at the international level to claim violations of any of the rights set forth in the Covenant and to submit complaints to the Committee on Economic, Social, and Cultural Rights. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2017 | ||
Effects of pesticides on the right to food 2017, para. 41 | 19 août 2019 | Paragraph | In its general comment, the Committee furthermore asserts that sustainability is intrinsically linked to the notion of adequate food, implying that food must be accessible for both present and future generations. As outlined in the present report, pesticides are responsible for biodiversity loss and water and soil contamination and for negatively affecting the productivity of croplands, thereby threatening future food production. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2017 | ||
Effects of pesticides on the right to food 2017, para. 33 | 19 août 2019 | Paragraph | Pesticides contaminate and degrade soil to varying degrees. In China, recent studies released by the Government show moderate to severe contamination from pesticides and other pollutants on 26 million hectares of farmland, to the extent that farming cannot continue on approximately 20 per cent of arable land. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2017 | ||
Effects of pesticides on the right to food 2017, para. 11 | 19 août 2019 | Paragraph | Unfortunately, there are no reliable, global statistics on the number of people who suffer from pesticide exposure. Recently, the non-profit organization Pesticide Action Network estimated that the number of people affected annually by short- and long-term pesticide exposure ranged between 1 million and 41 million. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2017 | ||
Effects of pesticides on the right to food 2017, para. 4 | 19 août 2019 | Paragraph | While scientific research confirms the adverse effects of pesticides, proving a definitive link between exposure and human diseases or conditions, or harm to the ecosystem presents a considerable challenge. This challenge has been exacerbated by a systematic denial, fuelled by the pesticide and agroindustry, of the magnitude of the damage inflicted by these chemicals, and aggressive, unethical marketing tactics remain unchallenged. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2017 | ||
Integrating a gender perspective in the right to food 2016, para. 56 | 19 août 2019 | Paragraph | Climate change is one of the foremost contemporary threats to food security. The agriculture sector is under substantial stress from climate change-induced increases in temperature, variability in rainfall?and extreme weather events that trigger crop failures, pests and disease outbreaks, as well as the degradation of land and water resources. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2016 | ||
Integrating a gender perspective in the right to food 2016, para. 49 | 19 août 2019 | Paragraph | Many food producers and agricultural labourers are unable to feed their families as commercial farmers "relentlessly" try to save on labour costs through the casualization of the labour force. State support intended to ameliorate this problem is also lacking. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2016 | ||
Taxation and human rightss 2014, para. 48 | 19 août 2019 | Paragraph | A well-placed tax threshold (namely, the income below which an individual or household is exempted from income tax) is also crucial for ensuring that the taxation system does not jeopardize the ability of people living in poverty to enjoy minimum essential levels of economic, social and cultural rights. Unfortunately, in some countries, households are required to pay tax before they earn enough to even meet minimum food basket requirements. | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
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| 2014 | ||
Right to food and nutrition 2016, para. 92 | 19 août 2019 | Paragraph | To promote meaningful change, actions must also be directed at the food system level to make it more "nutrition sensitive". It is imperative that global food systems move away from agro-industrial production methods that are responsible for dietary monotony and reliance on ultraprocessed food and beverages towards a system that supports food sovereignty, small-scale producers and local markets, based on ecological balance, agro-biodiversity and traditional practices. Food sovereignty allows peoples to define their own policies and strategies for sustainable production, distribution and consumption of food. Globally, the majority of food is supplied by local farmers. Therefore, efforts to combat malnutrition should support smallholder farmers and promote nutrition-sensitive production. Agroecology ensures food and nutrition security without compromising the economic, social and environmental needs of future generations. It focuses on maintaining productive agriculture that sustains yields and optimizes the use of local resources while minimizing the negative environmental and socioeconomic impacts of modern technologies. It is imperative to support ambitious research initiatives to establish the scientific basis for claiming that agroecology is capable of nutrition-sensitive production while promoting local livelihoods and the environment. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2016 | ||
Right to food and nutrition 2016, para. 87 | 19 août 2019 | Paragraph | Taxation, import restrictions, subsidies and labelling initiatives may, however, be scrutinized for violation of trade agreements. They may also give rise to debates as to whether such governance tools intrude unreasonably on personal and individual freedoms and differing cultural understandings of "nutrition". | Special Rapporteur on the right to food | Special Procedures' report |
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| 2016 | ||
Right to food and nutrition 2016, para. 48 | 19 août 2019 | Paragraph | Ensuring adequate financing is also a struggle. For example, to reach the World Health Assembly goal on stunting by 2025, a doubling of government funding and a quadrupling of donor spending is necessary. Technical knowledge, political will and efficient accountability systems are needed to reach existing nutrition goals. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2016 |