scholarly journals Nowa żywność a współczesne wyzwania żywnościowe – wybrane aspekty prawne

2018 ◽  
pp. 123-132
Author(s):  
Łukasz Mikołaj Sokołowski
Keyword(s):  
Food Security ◽  
Food Safety ◽  
Human Health ◽  
Right To Food ◽  
Novel Foods ◽  
The Subject ◽  
Food Challenges ◽  
The Right ◽  
High Level ◽  
The Eu

The subject of the discussion is the regulation of novel foods, in particular EU Regulation No. 2015/2283, while the aim of the article is to answer the question whether novel foods can help to meet modern food challenges, and in particular to ensure food safety and food security. The solutions adopted in the Regulation enable alternative food to be placed on the EU market, ensuring at the same time a high level of protection of consumers’ health and life. Novel foods are therefore an opportunity to make the right to food a reality, but only if it does not pose a risk to human health and life. Hence, the regulation of the placing of novel foods on the market focuses in particular on ensuring their safety.

The Hazard of Forgetting about Risk

2011 ◽  
Vol 2 (2) ◽  
pp. 191-192
Author(s):  
Kristina Nordlander
Keyword(s):  
Human Health ◽  
Standard Of Living ◽  
European Law ◽  
Risk Regulation ◽  
Starting Point ◽  
Chemicals Regulation ◽  
Intrinsic Capacity ◽  
The Right ◽  
High Level ◽  
The Eu

Professor Lofstedt's article makes an important contribution to the growing scholarship on risk regulation. He focuses on one of Europe's key challenges – how to ensure that European law and regulation is “smart” in the sense that it strikes the right balance between a high level of protection for human health and the environment while not being overly burdensome and enabling us to maintain our competitiveness and standard of living. The EU has taken a leading global role in chemicals regulation, which is welcome. However, as Professor Lofstedt's study clearly illustrates, much work remains to be done to ensure transparency, legal certainty, and sound science-based regulatory outcomes.The debate around risk versus hazard is an important one. As Professor Lofstedt notes, these are not contradictory concepts, but rather build on each other. Hazard and the intrinsic capacity of a substance to cause harm is the starting point. The debate then centers on to what extent a risk assessment (taking actual or potential exposure into account) should be made before the uses of the substance in question are regulated. Put simply, if there is no exposure, there will be no risk, even when the hazard is high. There are many examples of substances that have known intrinsic hazards, but that pose virtually no risk to human health given how and in what quantities they are used. Ordinary table salt is a well-known example.

Ensuring Food Security

2017 ◽  
pp. 221-247
Author(s):  
Rajesh Chakrabarti ◽  
Kaushiki Sanyal
Keyword(s):  
Food Security ◽  
Supreme Court ◽  
Political Support ◽  
Advocacy Coalition ◽  
Right To Food ◽  
The Supreme Court ◽  
Election Manifesto ◽  
The Government ◽  
Draft Bill ◽  
The Right

This chapter narrates the saga of the Right to Food Security. Briefly pointing out various prior food movements, the chapter dates the movement to 2001 in Rajasthan with a writ petition at the Supreme Court. The SC took up the issue with surprising enthusiasm issuing order after order to force the government to comply with reports and action. The government, while not antagonistic, was apathetic. Encouraged by the court orders the activists gathered under a single banner of Right to Food Campaign in 2004 and built on the campaign in court as well as on the ground. Political support finally came when the issue entered UPA’s election manifesto in 2009. Post UPA victory, the NAC submitted its draft bill in 2010 but a substantially altered bill finally got enacted in 2013. The movement reflects a combination of Punctuated Equilibrium Framework and Advocacy Coalition Framework.

Article 35 CFR

2019 ◽  
Author(s):  
Tobias Lock
Keyword(s):  
Health Care ◽  
Medical Treatment ◽  
Human Health ◽  
Preventive Health Care ◽  
Preventive Health ◽  
Health Protection ◽  
The Right ◽  
High Level ◽  
Right Of Access

Everyone has the right of access to preventive health care and the right to benefit from medical treatment under the conditions established by national laws and practices. A high level of human health protection shall be ensured in the definition and implementation of all the Union’s policies and activities.

Part II Predominant Security Challenges and International Law, Economic and Resource Security, Ch.27 Food Security

2021 ◽  
Author(s):  
Elver Hilal
Keyword(s):  
Human Rights ◽  
Food Security ◽  
Food Insecurity ◽  
International Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Right To Food ◽  
International Convention ◽  
Fundamental Rights And Freedoms ◽  
The Right

This chapter focuses on food security. Although ‘food security’ is not a legal concept and does not impose rights or responsibilities, it is a necessary precondition to the full enjoyment of the right to food. The right to food is enshrined in article 25 of the Universal Declaration of Human Rights as an integral part of the right to an adequate standard of living. As this right is indivisible, interrelated, and interdependent with all other fundamental rights and freedoms, it is ultimately essential for a secure, safe, and harmonious world. The chapter demonstrates that severe food insecurity continues to inflict massive casualties and create and prolong conflicts and emergencies despite well-established rules of international law, international humanitarian law, and international human rights law. It then looks at the international law principles protecting food security with the aim to diffuse emergency situations that create instability, inequality, and unrest, including those resulting from conflicts and natural disasters. The chapter provides suggestions for enforcing and enhancing existing laws and for the adoption of a new international convention which will set out clear duties and obligations for States and non-State actors with a view to eliminating food insecurity and preventing violations of the right to food for a safer, more secure world.

Soil Protection and the Right to Food for a Better Common Future

2021 ◽  
Author(s):  
Oliver C. Ruppel
Keyword(s):  
Food Security ◽  
International Law ◽  
Land Degradation ◽  
Soil Protection ◽  
Right To Food ◽  
Climate Governance ◽  
The Right ◽  
Common Future

This article examines – from an international law perspective – the interface between soil protection, land degradation neutrality, food security, climate governance and trade in agriculture. Although these different spheres are most often viewed in isolation, an attempt is made to analyse them more holistically with the aim of identifying the connectedness for the purpose of finding some strategies for a better common future.

scholarly journals Reconciling human rights and the environment: a proposal to integrate the right to food with sustainable development in the 2030 development agenda

1970 ◽  
Vol 9 (1) ◽  
pp. 1-33
Author(s):  
Ana García Juanatey
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Food Security ◽  
Human Rights Law ◽  
Right To Food ◽  
2030 Agenda ◽  
Development Agenda ◽  
Legal Literature ◽  
The Right ◽  
Human Rights Based Approach

This article examines the utility of the human rights-based approach (HRBA) in tackling environmental challenges that face achievement of the right to food in coming decades. So far, such approach has been quite useful in the consideration of equity, discrimination and accountability issues. Nevertheless, the HRBA’s utility to tackle the effects of environmental degradation, natural resources depletion and climate change on food security is not that clear, as human rights law and practice has evolved in parallel with environmental concerns until recently. Therefore, this article poses the following question: is the human rights-based approach to food security sufficient to address the environmental problems and constraints that infringe directly on the right to food implementation? And, how can we integrate the needs of future generations in current human rights-based policies and deal with the tradeoffs between present and future needs? This article examines how last years’ international legal literature has portrayed the linkages between the environment and human rights, principally in relation to the right to food. Moreover, it also intends to explore possible avenues of convergence, pinpointing opportunities to connect the right to food and sustainable development in the context of the 2030 Agenda. In more concrete terms, it suggests that a greater integration between the right to food and a set of principles of sustainable development law may open new avenues for research and advocacy on the right to food.Keywords: Human Rights, Environment, Right to Food, Human Rights- Based Approach, Sustainable Development, Sustainable Development Law

scholarly journals Visa Refusals to Foreign Scientists Participants in Megascience Experiments, other Scientific Events and the Right to Appeal: New in the ECJ Practice

2021 ◽  
Vol 16 (8) ◽  
pp. 160-172
Author(s):  
A. O. Chetverikov
Keyword(s):  
Legal Aspects ◽  
Eu Member States ◽  
Court Of Justice ◽  
European Court ◽  
Initial Content ◽  
The Subject ◽  
The Right ◽  
The Eu ◽  
Court Practice

The paper analyzes the provisions of the legislation and the latest court practice of the European Court of Justice (ECJ) regulating the procedure for refusing to issue Schengen visas and other migration permits necessary for foreign scientists to participate in experiments using unique European mega-science facilities, as well as in other scientific events in the EU. The first section "Visa refusal and the right to appeal it in the EU: Historical and comparative legal aspects" examines the formation and initial content of the EU rules on the rationale and appeal of the refusal of Schengen visas, starting with the Schengen agreements of the 1980s and before the adoption of the 2009 EU Visa Code. The second section "Right to appeal against refusal of Schengen and equivalent visas" is devoted to the rules of the 2009 EU Visa Code regarding visas for short-term stays (up to 90 days within a period of 180 days), amended and supplemented by the 2017 EU Court of Justice prejudicial decision as in the case of "El Hassani" regarding the recognition of foreigners’ right to judicial appeal against a visa refusal and, in a broader context, "the right to a fair and adequate consideration of their application" for a visa. The subject of the third, final section "The right to appeal the refusal of visas for long-term stay and residence permits" are the provisions of the latest ECJ court practice (judgment in the case of "M.A." of 10.03.2021), which made it possible to challenge in the courts of the EU Member States refusals to issue even those migration permits that are issued in accordance with national law.

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