A/HRC/26/31
marketing in places such as schools, workplaces and community centres. Participation
empowers people to exercise their right to autonomy and make their own decisions about
their dietary health.
48.
Meaningful participation has public health benefits and also empowers people in
accordance with the right to health approach. States should ensure that spaces are available
for children and their parents to provide input on school foods, employees to give input on
food at the workplace, or by enabling community or consumer groups to be involved in
standard-setting. States should seek broad public consultation to inform policies across
sectors, including on agricultural production policies, the regulation of unhealthy foods,
nutritional standards in public institutions and for monitoring transparency in food
labelling, marketing or promotion.
49.
States should encourage community health programmes on diet-related NCDs, such
as peer education, community gardening and cooking initiatives, or healthy eating
initiatives based at schools, workplaces, primary health-care centres or food vendors. Since
addressing the risk factors of NCDs involves long-term behavioural change, ownership of
health policies by local communities can ensure the success and sustainability of nutrition
and preventive health programmes. The participation of local communities ensures that
health policies and programmes are better targeted to their health needs. Including
children’s involvement and input in school lunch programmes can help identify options that
are both healthy and appealing to children, and has often shown that the perception that
children prefer unhealthy options is inaccurate.72 Local participation by residents of lowincome areas may help provide an assessment of foods available in those areas that is more
reflective of the day-to-day experiences of residents than expert-formulated surveys would
be able to establish. Likewise, educating and involving consumers and informal sector food
vendors in healthy food programmes can improve nutrition in a sector that is otherwise
difficult to regulate, while also allowing such vendors to maintain their livelihoods.
VIII.
Accountability and remedies
50.
States have an obligation to make legislative, judicial and administrative
mechanisms available, accessible and effective to enable people to hold States and nonState actors accountable and claim remedies for violations of their right to health. Omission
by States to legislate and enforce regulatory frameworks with respect to the food industry
may in itself be a violation of the right to health. For instance, if the State fails to put into
place laws requiring the provision and dissemination of information, people may not be in a
position to make informed choices about their diet, which may prevent them from realizing
their highest attainable standard of health.
51.
States should not only ensure that relevant laws and policies are in place, but also
that they are formulated, implemented and monitored in a transparent manner, in line with
the right to health. Transparency should be ensured at all times, including when negotiating
international obligations. Although transparency is required by some investment treaties, it
is linked to the promotion and protection of international investment.73 The thrust is
towards ensuring that laws and regulations, which may affect investments, are made
72
73
Katherine Bauer et al., “‘How can we stay healthy when you’re throwing all of this in front of us?’
Findings from focus groups and interviews in middle schools on environmental influences on
nutrition and physical activity”, Health Education and Behavior, vol. 31, No. 1 (February 2004), pp.
40–41.
World Trade Organization, Principles of the trading system,
http://www.wto.org/english/thewto_e/whatis_e/tif_e/fact2_e.htm.
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