The Right to Food

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The Right to Food

• Kerstin Mechlem
• Legal Officer
• Development Law Service
• Legal Office, FAO
• Seminar on the Right to Food
• ESN FAO
• 21 January 2005

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852 million hungry RtF
Right to Food
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Overview

• Right to Food in Human Rights Law and Content of
  the Right to Food
• What does the Right to Food Mean?
• Right to Food and Food Security
• How does it differ from Food Security?
• FAO and the Right to Food
• - How can FAO support countries in realizing the
  Right to Food?

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I.1. The Right to Food in International Law

• binding obligation of international law
• Universal Declaration of Human Rights
• International Covenant on Economic, Social and
  Cultural Rights
• Numerous other binding and non-binding
  instruments
• Convention of the Rights of the Child
• Womens Convention etc.
• States MUST realize the right to food

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I.2. What is the Right to Food?

• Right of everyone to have
• physical and economic access
• at all times
• to sufficient, safe and acceptable food
• or means for its procurement
• in a sustainable manner
• Right to adequate food

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I.3. State Obligations

• respect
• Protect
• fulfil
• facilitate
• Provide

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II.1. How does the RtF relate to Food Security?

• World Food Summit definition
• 'Food security, at the individual, household,
  national, regional and global levels is achieved
  when all people, at all times, have physical and
  economic access to sufficient, safe and
  nutritious food to meet their dietary needs and
  food preferences for an active and healthy life.

Definitions are very similar, BUT
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II.2. The RtF requires to focus on

• Human dignity individuals as agents of change
• Accountability
• Empowerment
• Non-discrimination
• Participation and transparency
• Legal framework and recourse mechanisms
• Focus on most vulnerable and marginalized
• Rights, not charity

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III.1. FAO - Challenge Implementation!

• Voluntary Guidelines on the Progressive
  Realization of the Right to Food, September 2004
• First time governments negotiated implementation
  of a social right
• Wide set of measures food strategies, market
  systems, institutions, legal frameworks, food
  safety, nutrition, safety nets, access to natural
  resources, ...

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III.2. The Role of FAO

• Task to support implementation of RtF at the
  national level
• Some Guidelines relevant to all divisions, e.g.
• GL 3 Strategies, GL 6 Stakeholders
• Others concern some services more than others,
• e.g.
• Legal Office GL 7 Legal Framework, GL 5
  Institutions,
• LEGN will render legal advisory services
  (drafting and reviewing of laws and regulations,
  setting up of institutions, etc.)
• Land and Water GL 8 Access to Natural Resources
  and Assets (Land, Water, Genetic Resources, )
• Policy recommendations in these areas need to
  take rtf into account

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III.3. ESN

• GL 9 Food Safety and Consumer Protection
• GL 10 Nutrition
• GL 11 Education and Awareness Raising

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Thank you!

• Further Information
• www.fao.org/righttofood
• http//www.fao.org/Legal/rtf/rtf-e.htm
• Kerstin.mechlem_at_fao.org