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Access to justice and the right to food: the way forward 2015, para. 61
- Paragraph text
- Recent years have witnessed various attempts to regulate the impact of business activities on human rights outside of the territorial boundaries of the home State. Notably the Guiding Principles on Business and Human Rights (2011) underlined that States "should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction respect human rights throughout their operations" and clarified the responsibility of TNCs and other business enterprises to respect human rights. Similarly The United Nations Global Compact (2000) urges TNCs to respect workers' rights and human rights; and the OECD Guidelines call on enterprises to respect human rights. In 2011, a group of experts in international law and human rights adopted the Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights, which provide that States are responsible for violations of economic, social and cultural rights by non-State actors, including corporations in cases where these non-State actors act under the instructions or direct control of the State, or are empowered by the State to exercise elements of governmental authority.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Effects of pesticides on the right to food 2017, para. 107p
- Paragraph text
- [States should:] Provide incentives for organically produced food through subsidies and financial and technical assistance, as well as by using public procurement;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Vision of the mandate 2014, para. 4
- Paragraph text
- In setting out the mandate of the Special Rapporteur in resolution 6/2, the Human Rights Council encouraged close cooperation with all stakeholders, including non-State actors. Accordingly, during her first month in office, the Special Rapporteur held consultations on a preliminary and informal basis with representatives from the Office of the United Nations High Commissioner for Human Rights (OHCHR), academic experts and representatives of member States and civil society organizations based in Geneva. She also had occasion to meet with representatives from the Food and Agriculture Organization of the United Nations (FAO), including the Director-General, members of the senior management team and members of the team working on the right to food, as well as the Chair of the Committee on World Food Security and members of the Bureau and Advisory Group of the Committee. The Special Rapporteur wishes to express her gratitude to those with whom she met and appreciates their warm welcome. She is encouraged by the dedication of many States, organizations and individuals working towards the eradication of hunger and the realization of the right to adequate food and she looks forward to cooperating with all stakeholders on issues relevant to her mandate over the coming years.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Assessing a decade of progress on the right to food 2013, para. 34
- Paragraph text
- Latin America has been leading the movement towards the adoption of framework laws in support of the realization of the right to food. Food and nutrition security laws grounded in the right to food have been adopted in rapid succession in Argentina (2003), Guatemala (2005), Ecuador (2006 and 2009), Brazil (2006), Venezuela (2008), Colombia (2009), Nicaragua (2009) and Honduras (2011). Most recently, following the launch in Mexico of the "Crusade against Hunger" - itself anchored in the right to food as inserted in the Constitution in 2011 - and after the Legislative Assembly of the Federal District of Mexico adopted a framework law in 2009, a decree adopted on 22 January 2013 by the Secretariat of Social Development established the National System for the Crusade against Hunger. The decree creates the Interministerial Commission for the Implementation of the Crusade against Hunger (composed of 19 ministerial departments/institutions); establishes a National Council of the Crusade against Hunger, an inclusive body allowing for a permanent dialogue with the private and social sectors, the academic community and international actors; and creates community committees composed of beneficiaries of social programmes.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Assessing a decade of progress on the right to food 2013, para. 19
- Paragraph text
- Despite the significant progress made in recent years, some dimensions of the right to food remain underdeveloped. This is especially the case as regards its extraterritorial dimensions. According to the Committee on Economic, Social and Cultural Rights, the duties associated with the right to food extend to all situations, whether located on a State's national territory or abroad, over which a State may exercise influence without infringing on the sovereignty of the territorial State (see E/C.12/2000/4, para. 39, E/C.12/2002/11, para. 31 and E/C.12/2011/1). This is reaffirmed in the Maastricht Principles on the extraterritorial obligations of States in the area of economic, social and cultural rights, adopted by a group of international law experts on 28 September 2011, as well as in the Guiding Principles on Extreme Poverty and Human Rights, endorsed by the Human Rights Council on 27 September 2012 (see A/HRC/21/39, para. 61). Yet, the mechanisms allowing victims of violations of the right to food in extraterritorial situations are often non-existent or hardly accessible in practice. On the whole, however, the examples above show a remarkable progress of the right to food since the Right to Food Guidelines were adopted.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Acroecology and the right to food 2011, para. 36
- Paragraph text
- This report focuses on the vertical dimension of scaling up agroecology, namely, the establishment of an enabling framework - although this is both a condition and a driver of horizontal scaling up. Governments have a key role to play in this regard, beyond supporting access to land, water and seeds for small-scale farmers. This section identifies a number of principles that could support the scaling up of agroecological practices. Encouraging a shift towards sustainable agriculture may be a delicate process associated with transition costs, since farmers must learn new techniques that move away from the current systems, which are more specialized, less adaptive, and have a lower innovation capacity. Therefore, the following principles should be applied with flexibility. The incentive structures which such policies create to encourage the shift towards sustainable farming should be regularly tested and re-evaluated with the participation of the beneficiaries, transforming policy into a mode of "social learning rather than an exercise of political authority." The move towards agroecology should be based on the farmers themselves - its main beneficiaries. Agroecological techniques are best spread from farmer to farmer, since they are often specific to an agroecological zone.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Effects of pesticides on the right to food 2017, para. 106d
- Paragraph text
- [The international community must work on a comprehensive, binding treaty to regulate hazardous pesticides throughout their life cycle, taking into account human rights principles. Such an instrument should:] Place strict liability on pesticide producers.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Effects of pesticides on the right to food 2017, para. 106b
- Paragraph text
- [The international community must work on a comprehensive, binding treaty to regulate hazardous pesticides throughout their life cycle, taking into account human rights principles. Such an instrument should:] Generate policies to reduce pesticide use worldwide and develop a framework for the banning and phasing-out of highly hazardous pesticides;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Effects of pesticides on the right to food 2017, para. 106a
- Paragraph text
- [The international community must work on a comprehensive, binding treaty to regulate hazardous pesticides throughout their life cycle, taking into account human rights principles. Such an instrument should:] Aim to remove existing double standards among countries that are particularly detrimental to countries with weaker regulatory systems;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Effects of pesticides on the right to food 2017, para. 66
- Paragraph text
- All major pesticide companies are members of the United Nations Global Compact, reporting yearly to the United Nations through the Global Reporting Initiative. While it is somewhat encouraging that they are willing to join corporate social responsibility schemes, such arrangements lack any enforcement or accountability measures and allow companies substantial freedom in choosing what they wish to adhere to.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Effects of pesticides on the right to food 2017, para. 59
- Paragraph text
- The Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters is also relevant to the regulation of pesticides and derives many of its core obligations from human rights law. Article 1 sets out detailed obligations with respect to the matters covered by the Convention.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Effects of pesticides on the right to food 2017, para. 53
- Paragraph text
- Given the severe, negative impact of the use of hazardous pesticides on people and the planet, an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations would be important to strengthen the international accountability framework.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Integrating a gender perspective in the right to food 2016, para. 37
- Paragraph text
- As a result of IPR laws, seeds that would have once been saved and shared are now the intellectual property of corporations. Recent litigation demonstrates that corporations are willing to appeal to the law to protect their property. Since 1997, Monsanto reports that it has filed 147 lawsuits against those farmers who failed to "honor this agreement," i.e. Monsanto's intellectual property rights.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Right to food and nutrition 2016, para. 52
- Paragraph text
- The private sector has significantly exerted its influence over nutrition governance through public-private partnerships, which may blur the line between public interest and financial gain. Involvement by the private sector may be driven by direct financial returns, such as tax breaks, market penetration and positive public relations, as well as increased corporate influence in nutritional policymaking.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Right to food and nutrition 2016, para. 45
- Paragraph text
- On 1 April 2016, following the recommendations of the Conference, the General Assembly proclaimed 2016-2025 the United Nations Decade of Action on Nutrition. The Decade presents a unique opportunity to centralize globally agreed targets, align actors around implementation and address the shortcomings identified in the current nutrition governance system.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Right to food and nutrition 2016, para. 71
- Paragraph text
- The Guiding Principles underline that the responsibility of companies to respect human rights exists independently of the abilities and/or willingness of States to fulfil human rights obligations, and hence to prevent them from taking advantage of weak legislative environments. However, ensuring accountability and access to effective remedies for victims remains a major challenge.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72l
- Paragraph text
- [The Special Rapporteur recommends that States:] Consider requesting an advisory opinion from the International Court of Justice to determine the legal obligations relating to the extraterritorial implementation of the right to food.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72k
- Paragraph text
- [The Special Rapporteur recommends that States:] Enable further clarification on States' extraterritorial obligations in relation to non-regulatory means; identify best practices regarding cooperation between States; and adopt within the Human Rights Council a resolution to draw attention to the Maastricht Principles;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72i
- Paragraph text
- [The Special Rapporteur recommends that States:] Ensure policy coherence when implementing national food strategies, paying particular attention to the correlation between trade and investment policies, and economic development plans;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72h
- Paragraph text
- [The Special Rapporteur recommends that States:] Develop awareness-raising campaigns to ensure that rights holders have access to information pertaining to the right to food and the obligations pertaining thereto;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72g
- Paragraph text
- [The Special Rapporteur recommends that States:] Cooperate with civil society organizations to organize training programmes for rights holders and duty bearers in order to operationalize the justiciability of the right to food;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 65
- Paragraph text
- The legally binding nature of voluntary rules may also emerge with the help of national law. Voluntary standards can often be enforced in accordance with competition or consumer laws, where they include relevant representations to the consumer. Thus, a corporation's non-adherence to its own codes can be enforced before courts in the country of the corporation's headquarters.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 43
- Paragraph text
- Although international human rights law presupposes the consent of a State to establish an obligation, the evolution of human rights has included the extension of duties under international law directly to non-State actors, including individuals and business enterprises.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 42
- Paragraph text
- In recent years the scope of a State's human rights obligations has progressively evolved to include duties to exercise jurisdiction over activities that are connected to one State but have an impact in another. In principle, corporations can also be held accountable either by States responsible for regulating, monitoring and preventing human rights violations; or through intergovernmental instruments or voluntary codes of conduct.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 16
- Paragraph text
- Over the last few years, there has been an important increase in the number of States that have adopted provisions containing explicit recognition of the right to food or freedom from hunger. The following section will provide an overview of some recent examples of case law in relation to the justiciability of the right to food at the domestic and regional level.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 8
- Paragraph text
- The justiciability debate continues to provoke controversy at the international level. However despite strong opposition from a number of States an Optional Protocol to the Covenant, establishing an individual complaints procedure, was finally adopted in 2008. Its subsequent entry into force in May 2013 was hailed as "potentially one of the most important developments in human rights protection at the UN level in a generation".
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 5
- Paragraph text
- While some critics suggest that the voluntary nature of the Right to Food Guidelines limits their usefulness, they were adopted by member States of the Food and Agriculture Organization (FAO) by consensus. States cannot therefore claim to be unaware of or refuse to comply with the guidelines. Over the years, in many formal settings, the Governments have reiterated their commitment to and support for the guidelines.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Impact of climate change on the right to food 2015, para. 89m
- Paragraph text
- [In this context, the Special Rapporteur recommends that:] Governments evaluate their agricultural and trade policies to avoid price volatility and financial vulnerabilities in a time of climate change;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Impact of climate change on the right to food 2015, para. 89h
- Paragraph text
- [In this context, the Special Rapporteur recommends that:] Alternative energy and other non-food production agriculture that requires the acquisition of large tracts of land be regulated and local communities protected against asymmetrical negotiations with multinational companies while extraterritorial implementation of human rights is put in place;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Impact of climate change on the right to food 2015, para. 89e
- Paragraph text
- [In this context, the Special Rapporteur recommends that:] A human rights impact assessment be carried out before mitigation and adaptation projects are authorized and public participation therein facilitated;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph