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

s.Four New Challenges, 15 Health and Human Rights through Development: The Right to Development, Rights-Based Approach to Development, and Sustainable Development Goals

2020 ◽  
Author(s):  
Marks Stephen P ◽  
Han Alice
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Global Health ◽  
International Development ◽  
Development Agenda ◽  
Right To Development ◽  
Sustainable Human Development ◽  
Development Goals ◽  
The Right ◽  
Human Rights Based Approach

This chapter examines the evolution of sustainable human development as central to health governance, drawing on international human rights norms and standards to establish a human rights-based approach to development. The progression of economic development theories and the international development agenda has led to a discernible paradigm shift in considering development to be a human right. This right to development holds promise in contributing to global health and influencing the Sustainable Development Agenda—positing a rights-based approach to international development cooperation. Bilateral and multilateral development policies and practices have begun to make some progress in implementing a human rights-based approach to development, but the mutually reinforcing goals of health, human rights, and development must be integrated in governance. Global health governance stands to benefit from applying a human rights framework for sustainable human development, yet obstacles remain in realizing the health-related Sustainable Development Goals and advancing the right to development.

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.

scholarly journals Raamwerkwetgewing ter Verwesenliking van die Reg op Toegang tot Voldoende Voedsel

2017 ◽  
Vol 15 (5) ◽  
pp. 228
Author(s):  
Anél Terblanche ◽  
Gerrit Pienaar
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Food Security ◽  
South African ◽  
The South ◽  
The Republic ◽  
The Right ◽  
Human Rights Based Approach ◽  
Right Of Access ◽  
Sufficient Food

Various South African government reports list food security as a development priority. Despite this prioritisation and despite the fact that South Africa is currently food self-sufficient, ongoing food shortages remain a daily reality for approximately 35 percent of the South African population. The government's commitment to food security to date of writing this contribution manifests in related policies, strategies, programmes and sectoral legislation with the focus on food production, distribution, safety and assistance. A paradigm shift in the international food security debate was encouraged during 2009, namely to base food security initiatives on the right to sufficient food. During a 2011 visit to South Africa, the Special Rapporteur for the Right to Food of the United Nations, accordingly confirmed that a human rights-based approach to food security is necessary in the South African legal and policy framework in order to address the huge disparities in terms of food security (especially concerning geography, gender and race). A human rights-based approach to food security will add dimensions of dignity, transparency, accountability, participation and empowerment to food security initiatives. The achievement of food security is further seen as the realisation of existing rights, notably the right of access to sufficient food. The right of access to sufficient food, as entrenched in section 27(1)(b) of the Constitution of the Republic of South Africa, 1996 will accordingly play a central role within a human rights-based approach to food security. Section 27(2) of the Constitution of the Republic of South Africa, 1996 qualifies section 27(1)(b) by requiring the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of the section 27(1) rights. The South African government's commitment to food security, as already mentioned, currently manifests in related policies, strategies and programmes, which initiatives will qualify as other measures as referred to in section 27(2) mentioned above. This contribution, however, aims to elucidate the constitutional duty to take reasonable legislative measures as required by section 27(2) within the wider context of food security. This contribution is more specifically confined to the ways in which a human rights-based approach to food security can be accommodated in a proposed framework law as a national legislative measures. Several underlying and foundational themes are addressed in this contribution, amongst others: (a) the relationship between food security and the right of access to sufficient food; (b) food security as a developmental goal; and (c) the increasing trend to apply a human rights-based approach to development initiatives in general, but also to food security.

scholarly journals Ensuring food security of indigenous peoples in Latin America by the UN food and agricultural organization (FAO)

2021 ◽  
Vol 25 (4) ◽  
pp. 855-871
Author(s):  
Anita Z. Rakhman
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Food Security ◽  
Indigenous Peoples ◽  
Aboriginal People ◽  
Vulnerable Groups ◽  
Right To Food ◽  
The World ◽  
The Right ◽  
Agricultural Organization

The activities of the United Nations in the 21st century, as in the earlier period, are undoubtedly devoted to protection and promotion of human rights. It promotes the realization of fundamental human rights through specialized agencies in various fields taking in account concerns and needs of vulnerable groups of population, in particular indigenous peoples. The World Food and Agricultural Organization (FAO), in its turn, develops policies and implements strategies and programs to guarantee food security and the right to food to aboriginal people around the world, including in Latin America.

The Limits of Law

2020 ◽  
pp. 109-130
Author(s):  
Michelle Jurkovich
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Right To Food ◽  
International Human ◽  
The Right

This chapter considers the puzzling role of international law around the right to food and examines why the existing law has been unable to generate norms within the advocacy community. It explores the reasons why international anti-hunger organizations rarely legitimate the right to food in legal terms and how this case can challenge the understanding of the relationships between norms, human rights, and law. It also provides a conceptual discussion of the distinction between formal law and norms, underscoring the importance of not conflating the two concepts. The chapter argues that many international anti-hunger organizations still do not conceptualize food as a human right, making international human rights law less relevant. It looks at the hunger case that suggests there is nothing automatic about law generating norms among activists or society at large.

Das Recht auf soziale Sicherung nach der VN Behindertenrechtskonvention und dessen Implementierung in Uganda und Ghana

2020 ◽  
Author(s):  
Lukas Groß
Keyword(s):  
Human Rights ◽  
Social Protection ◽  
Sub Saharan Africa ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Persons With Disabilities ◽  
State Obligations ◽  
Sub Saharan ◽  
The Right ◽  
Human Rights Based Approach

‘Disability may increase the risk of poverty, and poverty may increase the risk of disability.’ Breaking this cycle is a major challenge for the international community, especially the countries of the Global South. As the most recent human rights treaty of the United Nations, the UN Convention on the Rights of Persons with Disabilities also specifies the right to social protection. This study deals with the question of to what extent a human rights-based approach characterised by need orientation and accessibility can be derived from specific state obligations. In addition, it examines the efforts to implement such an approach in Sub-Saharan Africa. In this context, the study shows that it has been possible to both develop innovative concepts that consider the realities of the lives of local people with disabilities in Uganda and Ghana and, at the same time, to ensure the implementation of international human rights law in those two countries.

The Right to Property and Compulsory Land Acquisition in Ghana: A Human Rights Perspective

2019 ◽  
Vol 27 (1) ◽  
pp. 100-125
Author(s):  
Michael Gyan Nyarko
Keyword(s):  
Human Rights ◽  
International Law ◽  
Land Acquisition ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Global Level ◽  
Constitutional Protection ◽  
The Right ◽  
Human Rights Based Approach

Using a human rights-based approach and Ghana as a case study, this article examines the scope and content of the right to property in relation to compulsory land acquisition under international law. It argues that while the exact frontiers of the right to property remain quite uncharted at the global level the vacuum has been filled by the regional human rights systems and soft law. In the context of Ghana, the Constitutional protection of the right to property and quite elaborate rules to be followed during compulsory acquisition have not translated into revision of the compulsory acquisition laws, which remain largely incoherent and inconsistent with the requirements of the Constitution and international human rights law.

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