The Right to Food and the Planetary Boundaries Framework

2017 ◽  
Vol 100 (1) ◽  
pp. 5-24
Author(s):  
Wiebina Heesterman

The ‘Right to Food’ is a legal entitlement owed to all human beings established in international law more than half a century ago. Fulfilment of the right has been entrusted to states parties to the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR). However, in practice, the right is often breached because of hostility or indifference from individuals or institutions refusing access to provisions, or because of vicissitudes of nature. Adverse impacts due to human interference in natural processes are increasingly noticeable in the area of food production. These processes have been classified into nine distinct categories, all of which need be kept within certain margins, so-called ‘Planetary Boundaries’, which delineate a safe operating space for humanity. This paper discusses the impact each of these human-induced developments has on the provision of food as well as the other way round and what the consequences would be if the boundaries were exceeded. Yet there are means of keeping the worst consequences of most of these processes at bay. The paper explores some of these.

2019 ◽  
Vol 37 (2) ◽  
Author(s):  
Lawrenz Fares

Under the modern international human rights regime, all people are entitled to two categories of rights: civil and political rights and economic, social, and cultural rights. While the judicial enforcement of civil and political rights is commonly accepted in virtually every country in the world, there is a significant degree of hostility towards the judicial enforcement of economic, social, and cultural rights. Critics have long held that the enforcement of these rights in the courtroom would be inherently undemocratic and unmanageable. This belief, and the general aversion to the judicial enforcement of these rights, is primarily rooted in the fact that the enforcement of these rights would require compelling the government to spend vast sums of money in the form of welfare programs. However, India has overcome these criticisms and emerged as a model for the enforcement of these rights. The following paper will serve to lay a foundational understanding of the modern international human rights regime, look to the functionality of both sets of rights, and examine how Indian jurisprudence has come to allow the enforcement of economic, social, and cultural rights in the courtroom. From there, this paper will examine PUCL v. Union of India, the landmark case that recognized the right to food in India, the impact this case has on the lives of the Indian people, and the economic impact of protecting the right to food in an attempt to demonstrate that the judicial enforcement of these rights is not only possible, but can also be done in an effective manner.


2016 ◽  
Vol 12 (10) ◽  
pp. 485
Author(s):  
Maryam Ishaku Gwangndi ◽  
Yahaya Abubakar Muhammad ◽  
Sule Musa Tagi

When natural habitats are destroyed or natural resources are depleted the environment is degraded. Environmental degradation results from factors such as urbanisation, population growth, intensification of agriculture, rising energy use and transportation, climate change, pollutions arising from many sources such as technological activities. It is explored that as a result of the dynamic interplay of socio-economic factors and technological activities amongst many other factors, these have devastating consequences on human health. Thus environmental degradation consequences affect the health and the right to health of the people. Using the doctrinal method of research, we examine the confluence of environmental degradation and health from a rights perspective. An unhealthy environment possess health hazards consequently a violation of the right to health. The article recommends that states’ obligation under international law to protect the right to health should be enforceable. Human beings are entitled to right to health even as the environment needs to be protected from activities which cause environmental degradation.


2018 ◽  
pp. 178-189
Author(s):  
Grishma Soni ◽  
Prachi V. Motiyani

As we all know that food is the basic Human necessity, without which no one can survive. Making food available for all the people in the world is now days becoming a complex issue. The availability food is decreasing as a result of increase in population that will result in food insecurity or malnutrition. Indian constitution interprets the right to food as part of right to life, which is fundamental human right. Change in climate, the impact of globalization, Global Warming, Carbon dioxide emission from fuel etc. also affects the right to food of many people. This paper examines the situation prevailing in India and looks into the obligations and initiatives by the government of India to ensure Right to Food and make suggestions for addressing the issue and examines the possible way to make the scheme workable to achieve food security.


2009 ◽  
Vol 14 (2) ◽  
Author(s):  
Johan Rockström ◽  
Will Steffen ◽  
Kevin Noone ◽  
Åsa Persson ◽  
F. Stuart III Chapin ◽  
...  

2017 ◽  
Vol 6 (1) ◽  
pp. 21-40
Author(s):  
Saurabh Bhattacharjee

Global hunger is widely seen as one of the foremost threats to humanity. The Constitutionality of the Right to Food has been a long-standing debate within the Indian Subcontinent as there is no explicit mention of the said right. Through various judicial pronouncements over a relatively long period of time, the right to food has been construed to be constitutionally ingrained. This paper explores the history of the right to food as a fundamental right in India, as per the Constitution. It analyses landmark cases on the right to food and examines the fundamental right to food, in terms of state obligations. Is the impact of the entrenchment of the right to food as a fundamental right, limited only to its symbolic meaning? Or has such right substantively shaped the contours of governmental policies too? What are the remedial interventions that the judiciary has made in view of the constitutional right to food? These are questions that the paper will explore. In this process, the paper will parse various judicial orders on the right to food and identify whether there are justiciable entitlements that presumptively constitute the core of the right. Further, the paper shall also highlight the multidimensionality of the right to food and illustrate that starting with Francis Mullin in the 1980s, to Laxmi Mandal and Swaraj Abhiyan in this decade. The courts have, through the above mentioned judgments, underscored the interrelatedness between the rights to food, health, shelter and right to work.


2021 ◽  
Author(s):  
◽  
Laura Barrett

<p>Access to adequate food is a human right. Despite this, globally around three billion people lack access to food sufficient to allow them to live free from hunger and malnutrition. In the Pacific, despite millennia of positive nutrition, they now have some the highest rates of diabetes and obesity in the world, and 75 percent of their population are dying prematurely from non-communicable diseases (NCD’s). One of the main risk factors for NCD’s is an unhealthy diet. A key finding coming out of the Pacific Food Summit in 2010 was that imported foods represent a threat to Pacific food security. New Zealand is a key trader with the Pacific. It has also come under criticism in recent years over its trade of poor quality meat to the Pacific, which it has been argued is contributing to poor health outcomes there. This research seeks to look deeper into the relationship between New Zealand trade and Pacific food insecurity, using Fiji as a case study. A key foundation for this research is the ‘right to food’. The right to adequate food is a fundamental right of all human beings. This is established by the Universal Declaration of Human Rights (1948) and subsequent treaties, to which all signatory countries are bound. Recently, this right is being discussed in an extraterritorial context, meaning states have obligations not only to those within their territory, but across the globe. This places obligations on states to both respect the right to food of citizens globally, and also to protect them against actions taken by those within their territory which would undermine this right. It is against this backdrop, utilising interviews, data and policy analysis, that the trade relationship between New Zealand and Fiji is analysed.</p>


2021 ◽  
Vol 5 ◽  
Author(s):  
Juan Fernando Marrero Castro ◽  
María José Iciarte García

The humanitarian emergency that Venezuela is experiencing, one of whose edges is the food insecurity of more than 80% of the population, coincides with the serious institutional deterioration of the country and with the rupture of the constitutional order under the so-called “socialism of the 21st century” (2005 to the present), as reflected in various reports, including that of the United Nations High Commissioner for Human Rights. Access to food as a fundamental human right is better valued and guaranteed in democracies, where free media and independent public powers function as counterweights to the central executive power and act as effective instruments for correcting the wrong policies in food and nutritional matters, and officials responsible for direct and indirect damages to the general population or to vulnerable groups, are sanctioned. This topic has been studied by Nobel laureate Amartya Sen. In functional democracies, the ethical dimension of the right to food is also better guaranteed, since this right is realized not only by ensuring sufficient, balanced and healthy food, to meet the nutritional needs of the population, but that food is supplied in a culturally acceptable manner and seeking ways, mechanisms and procedures that are not contrary to the dignity of human beings. As a human right, the State has the greatest responsibility in guaranteeing the right to food, but not to fulfill a mere welfare duty or as a benefactor, but to guarantee that no one suffers from hunger or severe malnutrition, providing safe, nutritious and sufficient food, to those who cannot do it themselves, prevent all forms of discrimination in access to food or resources that are used to produce them, such as land, and take measures to ensure that families and their members can feed themselves in a dignified manner. As the Venezuelan regime closed the door to freedoms, malnutrition, hunger and non-fulfillment of the right to food also grew, according to FAO reports and Sen's assumptions under these scenarios seem to hold in the country.


Author(s):  
Anna-Mieke Mathilde Vlieg ◽  
Shadia Moazzem ◽  
Direshni Naiker ◽  
Delwyn Gloria Jones

To become mainstream, Nature Positive development needs positive messaging, measures and metrics to guide, plan and assess urban outcomes. With accelerating climate crisis and negative messages getting the upper-hand, it is important to avoid paralysis by bad news. Whilst striving for a nature positive world, more effort should be on moving beyond zero to qualify and quantify benefits, gains and regenerative outcomes instead of around damage and loss sticking points. Life Cycle Benefit Assessment (LCBA) methods measure gains in accelerating regeneration and climate security that enables a good news focus. Its reach beyond negative quantifies and shows positive gain beyond zero loss outcomes. The aims are to clarify concepts, challenges and quantitative methods then review real-world 3rd party Certified nature positive case studies. Climate security, human wellness and resource viability gains inside safe operating space within planetary boundaries are quantified as positive benefits. contrary to conventional Life Impact Cycle Impact Assessment LCBA assigns damage losses as negatives debts and benefit gains as positive savings. It concludes that LCBA remains under development with more research needed to model economic outcomes.


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