A/HRC/26/31 dietary needs, and which contain a mix of nutrients for physical and mental growth, development and maintenance, and physical activity that are in compliance with human physiological needs at all stages of life. 13. The International Covenant on Economic, Social and Cultural Rights provides for progressive realization of the right to health, which means that States have a specific and continuing obligation to move as expeditiously and effectively as possible towards the full realization of the highest attainable standard of health. States should therefore formulate a time-bound plan by taking immediate and continuing steps to the maximum of their available resources. This obligation can be fulfilled, inter alia, by formulating polices related to health, as well as to sectors such as trade and agriculture. In particular, the right to health framework requires States to take measures to prevent diet-related NCDs and provide equal and timely access to primary health care. Thus, in order to ensure the three types of obligations under the right to health, namely to respect, protect and fulfil it, States should not only provide nutritious food, but also institute measures in all areas of policymaking to reduce the burden of diet-related NCDs. 14. The obligation to respect the right to health is a negative duty of the State to refrain from interfering with people’s enjoyment of their right to health. It recognizes the right and autonomy of individuals to make informed decisions with respect to their health. The obligation not to intervene in individual decision-making does not, however, imply a disengaged approach by States towards laws and policies concerning the food industry. Feasible alternatives should be made available and accessible to individuals from which to choose a healthy diet. 15. States also have the obligation to protect people from violations of their right to health from activities of non-State actors, including private food corporations. For instance, States should make sure that advertisements and promotion by food corporations convey accurate and easily understandable information on possible ill effects of their food products. This is important, as withholding or misrepresenting such information is likely to affect people’s diet choices, which impacts on the right to health. 16. Fulfilling the right to health is a positive obligation that requires States to adopt a national public health strategy and plan of action towards achieving the highest attainable standard of health. States also have the duty to ensure that information relating to healthy diets is accurate and available to encourage informed choices. In recognizing the close links between food and health, States would need to formulate multisectoral policies that positively affect the availability and accessibility of healthy foods. For instance, States may need to modify their food and agricultural, trade and fiscal policies. Such policies should take into consideration epidemiological evidence of diet-related NCDs and should be implemented and monitored through indicators and benchmarks. However, States should ensure that regulations do not unduly harm small-scale industries. Although it is necessary to ensure that foods produced by small-scale industries are neither unhealthy nor unsafe, regulatory requirements may disproportionately burden them. Alternative approaches, such as community and peer education among consumers as well as small-scale food manufacturers, may be more effective in persuading them to produce healthier foods. For instance, some States have successfully used peer education models in getting street-food vendors to replace harmful vegetable oils with healthier options. A. Information and awareness-raising 17. As a step to progressively realizing the right to health, States should formulate and regularly update food and nutrition guidelines for a healthy diet for different groups, particularly for vulnerable groups, like children, women and low-income groups. Guidelines should be formulated based on scientific evidence and with the participation of 8

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