scholarly journals The right to food as a human right in South Sudan

2018 ◽  
Vol 10 (4) ◽  
pp. 43-48
Author(s):  
K. Lupai Jacob
Author(s):  
Hannah Lambie-Mumford

Chapter 3 sets out the key theories with which the book engages: food insecurity and the human right to food. Following on from a conceptualisation and definition of food insecurity, the right to food is introduced. Emphasis is placed on normative element of ‘adequacy and sustainability of food availability and access’ and on the state’s obligation to ‘respect, protect and fulfil the right to food’. Theories of ‘othering’ and ‘agency’ are employed to assess the social acceptability of emergency food systems as a means of acquiring food, and the power of providers to make sufficient food available through these systems and of potential recipients to access it. Theories of ‘care’ and ‘social protection’ are employed to explore the ways in which charitable providers are in practice taking responsibility for the duty to respect, protect and fulfil the right to food and how shifts in welfare policy are affecting need for this provision.


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.


2020 ◽  
pp. 1-12
Author(s):  
Michelle Jurkovich

This chapter focuses on one case of an economic and social right, the right to food. It mentions the development of an alternative model of advocacy, called the buckshot model, which explains the trajectories of campaigns in terms of the right to food. It also discusses international anti-hunger activism, which cites the fore advocacy surrounding the human right to food. The chapter emphasizes how the fulfillment of other human rights is either impossible or substantively meaningless without the realization of the right to food. It points out that more people die from hunger and related causes globally than in all wars, civil and international, combined.


Author(s):  
Juan Manuel Goig Martínez

La alimentación adecuada constituye un derecho humano. Así lo han reconocido oficialmente la gran mayoría de los Tratados Internacionales sobre derechos humanos. Pero existe una gran diferencia entre que un Estado reconozca oficialmente la alimentación como un derecho fundamental en su constitución, o lo haga como un principio rector, puesto que ello dotará al derecho a la alimentación adecuada de una mayor protección, o lo convertirá en un principio de actuación de los poderes públicos. Se puede exigir a los gobiernos garantizar el ejercicio efectivo del derecho a la alimentación de conformidad con las disposiciones constitucionales para otros derechos humanos. Pero, la capacidad de la invocación indirecta de otros derechos humanos para lograr la protección efectiva del derecho a la alimentación en el plano nacional dependerá, en definitiva, de la interpretación jurídica que se haga de la Constitución.Adequate food is a human right. Thus the vast majority of treaties have officially recognized it human rights. But there is a big difference between that a State officially recognizes food as a fundamental right in the Constitution, or do it as a guiding principle, since this will provide the right to adequate food of greater protection, or the It will become a principle of action of the public authorities. You may require Governments to ensuring the effective exercise of the right to food in accordance with the constitutional provisions for other human rights. But the indirect invocation of other human rights capacity to achieve effective protection of the right to food at the national level will depend, ultimately, of the legal interpretation that is made of the Constitution.


2010 ◽  
Vol 11 (11) ◽  
pp. 1190-1244 ◽  
Author(s):  
Aravind R. Ganesh

AbstractModern global food supply chains are characterized by extremely high levels of concentration in the middle of those chains. This paper argues that such concentration leads to excessive buyer power, which harms the consumers and food producers at the ends of the supply chains. It also argues that the harms suffered by farmers are serious enough as to constitute violations of the international human right to food, as expressed in the Universal Declaration of Human Rights and more specifically, in the International Covenant on Economic, Social and Cultural Rights. World competition law regimes cannot ignore these human rights imperatives. To a certain extent, these imperatives can be accommodated under existing consumerist competition law theories by the interpretive mechanism of conform-interpretation. However, when one comprehends the truly global scale of modern food supply chains, it becomes obvious that conform-interpretation alone will not suffice. Instead, the protection of a minimum level of producer welfare congruent to those producers’ right to a minimum adequate level of food must find a place among the aims of any credible theory of competition law. Moreover, the same globalized nature of these food supply chains means that current doctrines of extraterritorial jurisdiction of competition control have also to be revised.


2020 ◽  
pp. 109-130
Author(s):  
Michelle Jurkovich

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.


Author(s):  
Hannah Lambie-Mumford

Chapter 8 focuses on the consequences of the rise of emergency food provision for the progressive realisation of the human right to food in the UK. The chapter discusses the opportunities that the right to food approach provides and its appropriateness in the current context and sets out three key conclusions. The first is that there is a need to challenge minimalist approaches to the definition of food insecurity, ways in which responses are framed and solutions understood. The second conclusion relates to the importance of rights-based policies to move us forward from the current situation, where the findings suggest there is an increasing reliance on emergency food provision in the context of a retrenched welfare state. The third conclusion relates to the important social and political role emergency food charities could have in the realisation of the right to food. The conclusion chapter ends with recommendations for a range of stakeholders including emergency food charities, policy makers, NGOs, the food industry, communities and individuals and researchers.


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.


2011 ◽  
Vol 11 (48) ◽  
pp. 5493-5509
Author(s):  
PM Rukundo ◽  
◽  
JK Kikafunda ◽  
A Oshaug ◽  
◽  
...  

The right to adequate food recognised under international law provides a strong foundation for eradicating hunger and malnutrition in all nations. Uganda ratified the International Covenant on Economic, Social, and Cultural Rights (ICESCR) in 1987 and thereby committed itself to ensure the realization of the right to adequate food recognised under Article 11 of the Covenant. This study analysed the roles and capacity of duty bearers in the realization of the right to adequate food in Uganda. Structured interviews were held with purposefully selected duty bearers from 11 districts in the country between February and July 2007. Districts were selected by criterion based sampling. Relevant policies, budgets, and legislation were also reviewed, particularly with state obligations on human rights, and capacity of duty bearers in mind. Although this right is expressly recognised in the Food and Nutrition Policy of 2003 in which a multi-sectoral approach is proposed, sector-specific roles are not explicitly defined in Uganda’s institutional and policy framework. Most duty bearer (63%) considered the Ministry of Agriculture, Animal Industry and Fisheries (MAAIF) as being responsible for the delays in implementing the relevant actions for the right to food. The Uganda Human Rights Commission (UHRC) reported receiving inadequate budget resources to support the right to food. Only 20% of duty bearers had knowledge of the General Comment 12, which is an important United Nations instrument that defines and elaborates on the human right to adequate food. Duty bearer’s knowledge of the right to food in the national Constitution had a significant (X2 = 0.003; P<0.05) positive correlation (R=0.283) with membership status to an ad hoc Uganda Food and Nutrition Council (UFNC). A proposed Food and Nutrition Bill had taken over 10 years without being presented to the National Parliament for the process of enactment into law. As such, most of the support for this right came from development partners. Whereas the ministry of health and MAAIF are line ministries in the implementation of food and nutrition policy, the right to food roles of the various duty bearers in Uganda need to be well defined. Capacity development is also needed, particularly related to integrating right to food sector-specific roles into the theoretical development and practical implementation of food and nutrition security programmes at all levels in the country.


2021 ◽  
pp. 125-145
Author(s):  
Francesco Alicino

With this article the Author focuses the attention on today's multiple facets of the food crises, which prevents from characterizing countries as low-income and undernourished or high-income and only concerned with people overweight or obese. This will allow to underscore the multi-sectorial aspects of the right to food, including the environmental foodprint. It, on the other hand, explains the function of the judiciary, which will lead to the broader notion of both the adequate food and the food system while sharpening their sustainability. For these same reasons, today's food system may offer a valuable space for learning to eliminate, or at least reduce, the unreasonable discriminations and unsustainable social injustice.


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