Human Right to Food - FAO

							Human Right to Food

         Margret Vidar
        FAO Legal Office
   Visit from Trinity Western
University, Canada, 14 May 2004
            Overview
What Right to Food Means
What Rights Based Approaches are
What FAO Work is on Right to Food
    Treaties Right to Food
UN Charter
– Universal Declaration of Human Rights
Economic, Social & Cultural
Civil & Political
Geneva Conventions, ICC Statute
Genocide
Refugees
Women - CEDAW
The Child
         ICESCR Art 11
No 1 Right to Food Provision
Right to Adequate Standard of Living
 Including Food
Fundamental Right to be Free from
 Hunger
CESCR General Comment 12
Interpretation “Bible”
              Definition
– Every Man, Woman And Child
– Alone or in Community with Others
– Physical and Economic Access
– Produce or Procure
– All Times
– Adequate Quantity & Quality
– Culturally Acceptable
– Not Interfere with other Human Rights
      State Obligations
–Conduct & Results
–Negative & Positive
–Commission & Omission
–Levels
  Respect
  Protect
  Fulfil
   –Facilitate
   –Provide
           Implementation
 Recognition
 Art. 2 ICESCR
  Take Steps
  Progressively Realize
  Maximum of Available Resources
  All Appropriate Means
  Legislative Measures
Other measures: Administrative, policy
   Rights Based Approaches
        Main Principles
Participation
Accountability
Non-discrimination
Empowerment
Legal framework: Human rights
              Participation
Who participates?
– How to reach the excluded
– Getting beyond local power structures
In what do they participate?
– From capacity and needs assessment to evaluation
Voice and Leverage
– Participation must be active, free and meaningful
 Taken into account
            Accountability
Main elements
    Standards
    Duty bearer - responsible actor
    Rights holders
    Mechanisms for redress, delivery and
    accountability
States responsibility in human rights
    international accountability
     – human rights machinery, diplomacy
    national accountability
     – democracy, courts, ombudsmen, legislation
       Non-Discrimination
Key Prohibited Grounds Under Human
Rights Law:
– Race, Colour, Sex, Language, Religion,
  Political or Other Opinion, National or Social
  Origin, Property, Birth or Other Status
Disability, Age, HIV/AIDS Status, Sexual
  Orientation, Migratory or Displacement Status
Special attention to vulnerable and
excluded groups
           Empowerment
  In an Accountable System People Can
  Claim their Rights
  Make Demands on Duty-Bearers
  Complain & Get Redress
  Participation Should be Empowering
 Means Relinquishing Control
         Legal framework

Human Rights = Point of Reference
Prioritisation in spending, activities
– implementation of key human rights: food,
  housing, water, other livelihood rights
– priority to the poorest
– measuring impact on realization of key rights
  for all
Process: Civil Rights in Programming
           FAO Mandate
FAO Constitution:
– Ensuring Humanity’s Freedom From Hunger
Right to Food
Participation in UNDG, CCA, UNDAF
– Human Rights Mainstreaming
All Human Rights are Interrelated
– Participation, Assembly, Opinion, Association,
  Labour Rights, Health, Education
      World Food Summit
Rome Declaration on World Food Security
WFS Plan of Action: Objective 7.4
– Commission on Human Rights Resolutions
– Special Rapporteur on the Right to Food
– General Comment 12 of CESCR
– Expert Consultations of OHCHR
– NGO Code of Conduct
WFS: five years later
– IGWG/RTFG
   Right to Food Guidelines
Voluntary Guidelines to Support Member
States in Progressive Realization of the
Right to Adequate Food
IGWG Report to Council in Nov. 2004
Meetings in March & October 2003,
February & July 2004
Final Negotiations Ahead
                 – www.fao.org/righttofood/
       Related FAO Activities
Information Papers
–   Recognition of the Right to Food at the National Level
–   Safety Nets & Right to Food
–   International Trade & Right to Food
–   Justiciability
Country Case Studies/Country Projects
–   Sierra Leone, Uganda, South Africa
–   India, Orissa
–   Brazil, Honduras
–   Canada
       Links & Resources
www.fao.org/righttofood/en/index.html
http://www.fao.org/Legal/rtf/rtf-e.htm
http://www.unhchr.ch/
http://www.righttofood.org

http://www.fian.org/
http://www.righttofood.com
            Conclusion

Right to Food is a Human Right in
International Law

Rights Based Approach is PANEL

Voluntary Guidelines are current focus



Thank you